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DHPD v. 849 ST. NICHOLAS

141 Misc.2d 258 (1988)

Department of Housing Preservation and Development of the City of New York, Petitioner, v. 849 St. Nicholas Equities et al., Respondents. Department of Housing Preservation and Development of the City of New York, Petitioner, v. 360-368 Lenox Equities, Inc., et al., Respondents. Department of Housing Preservation and Development of the City of New York, Petitioner, v. Adonis Morfesis et al., Respondents. Department of Housing Preservation and Development of the City of New York, Petitioner, v. 849 St. Nicholas Equities et al., Respondents.

Civil Court of the City of New York, New York County.

September 7, 1988

Attorney(s) appearing for the Case

Bruce Kramer and Leonard S. Magid for petitioner. Haberman, Dandola & Soicher (Lawrence Soicher of counsel), for respondents.

LEWIS R. FRIEDMAN, J.

New York City adopted an Emergency Repair Program (ERP) in 1965 based on the powers of the Department of Health to remove nuisances. In 1971 ERP was revised (Local Laws, 1971, No. 10 of City of New York) to enable the city, when it determines "that because of any violation of this [title] [Housing Maintenance Code (HMC)] or other applicable law, any dwelling or part of its premises is...

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