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CITY OF NEW YORK v. KALIKOW REALTY CO.

71 N.Y.2d 957 (1988)

City of New York, Respondent, v. Kalikow Realty Company, Appellant.

Court of Appeals of the State of New York.

Decided April 28, 1988.

Attorney(s) appearing for the Case

Martin M. McGlynn for appellant.

Peter L. Zimroth, Corporation Counsel (Margaret G. King, Edward F. X. Hart and Lucy A. Cardwell of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE and BELLACOSA concur; Judge TITONE dissents and votes to reverse in an opinion in which Judges ALEXANDER and HANCOCK, JR., concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

On June 27, 1972, the City Department of Highways placed a violation on defendant's premises, stating that the abutting sidewalk was in need of repair. (New York City Charter former § 230 provided that if a property owner failed to cure a violation the City could then make the required repairs at the owner's expense.) Defendant responded...

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