¶ Judgment reversed insofar as appealed from, on the law, with costs, petition denied, cross motion granted and proceeding dismissed.
¶ Special Term erred in holding that the Department of Consumer Affairs of the City of New York was precluded, by its commencing actions in the Supreme Court, from pursuing an administrative remedy. The election of remedies doctrine only operates when there was a choice of remedies available at the time the prior actions were...
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