GARNER v. AGIOVLASITIS


18 A.D.3d 368 (2005)

795 N.Y.S.2d 556

ALBERT GARNER, Appellant, v. PERRY AGIOVLASITIS, Respondent.

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

May 26, 2005.


In a 1993 administrative proceeding, defendant's property was determined to be in violation of the Housing Maintenance Code (Administrative Code § 27-2027) requiring proper drainage of roofs and court yards, and defendant was collaterally estopped from claiming that his property contained adequate roof and rear-yard drainage systems prior to his curing the violation pursuant to an injunction issued in 2000. However, there has been no binding administrative or judicial...

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