DHPD v. LIVINGSTON


169 Misc.2d 660 (1996)

652 N.Y.S.2d 196

Department of Housing Preservation and Development of the City of New York, Respondent, v. Cynthia Livingston et al., Appellants.

Supreme Court, Appellate Term, Second Department.

July 2, 1996


Attorney(s) appearing for the Case

Joan Forrester, Jamaica, for appellants. Mari Carlesimo, New York City (D. Maria Watson of counsel), for respondent.

KASSOFF, P. J., CHETTA and PATTERSON, JJ., concur.


MEMORANDUM.

Order unanimously affirmed with $10 costs.

In this Housing Part proceeding, petitioner obtained a judgment against appellants based on their failure to provide heat and hot water to a tenant. Respondents moved to vacate the judgment and among other contentions, argued that the proceeding was premature and that they were not "owners" under the relevant statutes. The court below denied the motion.

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