At oral argument, petitioner's counsel advised that insofar as petitioner sought assignment to a higher priority, the proceeding is now moot. Petitioner's claim for money damages, apparently based on breach of the warranty of habitability, is not incidental to his claim that he should have been assigned a higher transfer priority, and therefore was properly dismissed (CPLR 7806; see, Matter of Gross v Perales,
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MATTER OF BALLANCE v. FINKEL
281 A.D.2d 320 (2001)
722 N.Y.S.2d 154
In the Matter of THOMAS BALLANCE, Appellant, v. KALMAN FINKEL et al., Respondents.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided March 22, 2001.
Decided March 22, 2001.
Appellate Division of the Supreme Court of the State of New York, First Department.
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