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MATTER OF DHPD v. DEKA REALTY

208 A.D.2d 37 (1995)

In the Matter of Department of Housing Preservation and Development of the City of New York, Appellant-Respondent, v. Deka Realty Corp., Respondent-Appellant, et al., Respondents

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

January 9, 1995

Attorney(s) appearing for the Case

Paul A. Crotty, Corporation Counsel of New York City (Leonard Koerner, Ronald E. Sternberg, Janessa C. Nisley and Jerald Horowitz of counsel), for appellant-respondent.

Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria, New York City (Herald Price Fahringer and Diarmuid White of counsel), for respondent-appellant.

MILLER, J. P., JOY and ALTMAN, JJ., concur.

GOLDSTEIN, J.

Several issues concerning the imposition of contempt sanctions and civil penalties are raised on this appeal: (1) whether civil contempt fines, assessed for a landlord's failure to remedy certain housing code violations on its premises, should properly be distributed to the Department of Housing Preservation and Development of the City of New York or to those tenants aggrieved by the existing violations...

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