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IN THE MATTER OF JO-FRA PROPERTIES, INC.

27 A.D.3d 298 (2006)

813 N.Y.S.2d 63

In the Matter of JO-FRA PROPERTIES, INC., Appellant, to Remove to the Supreme Court of the State of New York, County of New York, a Proceeding now Pending in the City of New York, Office of Administrative Trials and Hearings, OATH Index No. 1019/05, Loft Bd Dkt. No. TR-0763, entitled: In the Matter of Tenants of 51-55 West 28th Street, Respondents. NEW YORK CITY LOFT BOARD, Nonparty Respondent.

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

March 16, 2006.

Petitioner does not claim that the Loft Board or OATH are acting beyond their jurisdiction to determine Loft Law coverage, but that their limited jurisdictions prevent them from entertaining petitioner's defenses, rendering its participation in the administrative process a futility. In particular, petitioner asserts that Loft Law coverage is barred by the doctrines of laches, estoppel and waiver because, as a result of respondents...

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