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CITY OF NEW YORK v. BASIL CO.

182 A.D.2d 307 (1992)

City of New York, Appellant, v. Basil Company, Respondent, et al., Defendants

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

October 22, 1992

Attorney(s) appearing for the Case

William J. Thom of counsel (Barry P. Schwartz with him on the brief; O. Peter Sherwood, Corporation Counsel, attorney), for appellant.

M. Bruce Solomon for respondent.

ROSENBERGER, J. P., ASCH and RUBIN, JJ., concur.

KASSAL, J.

The power of the City, long recognized at common law, to recover costs and expenses in the abatement of a public nuisance has been properly codified under Administrative Code of the City of New York § 7-714 (g). In the absence of imminent danger to life, health or safety, however, due process principles mandate that the party which must ultimately bear the costs be given notice and reasonable...

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