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FRISCIA v. LEM LEE 13TH LIMITED PARTNERSHIP

37 A.D.3d 168 (2007)

828 N.Y.S.2d 890

DANIELLE FRISCIA, Appellant, v. LEM LEE 13TH LIMITED PARTNERSHIP et al., Respondents.

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

Decided February 1, 2007.

Inasmuch as the issues raised entail factual determinations in areas within the expertise of the Division of Housing and Community Renewal (DHCR), the motion court properly concluded that judicial review of these matters, if necessary, should await plaintiff's exhaustion of her administrative remedies (see Davis v Waterside Hous. Co., 274 A.D.2d 318 [2000], lv denied 95 N.Y.2d 770 [2000]). A declaratory judgment action is...

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