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COOGAN v. CITY OF NEW YORK

2775, 117786/06

73 A.D.3d 613 (2010)

900 N.Y.S.2d 645

EILEEN COOGAN, Appellant, v. CITY OF NEW YORK, Defendant, and NICHOLAS EDWARD KRASNO, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 25, 2010.

Dismissal of the complaint was justified in light of the exemption afforded to "one-, two- or three-family residential real property that is (i) in whole or in part, owner occupied, and (ii) used exclusively for residential purposes" (Administrative Code of City of NY § 7-210 [b]). In support of his motion, Krasno submitted a personal affidavit that he had neither used the premises for a "home office" nor claimed any part thereof...

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