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J.R.D. CORP. v. APPEALS BD.

117 Misc.2d 459 (1983)

In the Matter of J.R.D. Management Corp., Plaintiff, v. New York City Conciliation and Appeals Board, Defendant.

Supreme Court, Special Term, New York County.

January 4, 1983

Attorney(s) appearing for the Case

Ralph Weiner for plaintiff. Ellis S. Franke and Cullen S. McVoy for defendant.

ARNOLD GUY FRAIMAN, J.

In this action by a landlord for a declaratory judgment and injunctive relief, defendant New York City Conciliation and Appeals Board (the CAB) moves to dismiss the complaint pursuant to CPLR 3211 (subd [a], par 2) and 7804 (subd [f]) on the ground that the court does not have jurisdiction of the subject matter of the action and on the further ground that an article 78 proceeding is the exclusive method for reviewing a determination...

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