CITY OF NEW YORK v. 330 CONTINENTAL LLC


18 Misc.3d 381 (2007)

845 N.Y.S.2d 705

CITY OF NEW YORK et al., Plaintiffs, v. 330 CONTINENTAL LLC et al., Defendants.

Supreme Court, New York County.

October 29, 2007.


Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel (Mary O'Sullivan of counsel), for City of New York, plaintiff.

Deborah Rand, New York City, for Department of Housing Preservation and Development, plaintiff.

Loeb & Loeb, LLP, New York City (David M. Satnick and Helen Gavaris of counsel), for defendants.


OPINION OF THE COURT

MICHAEL D. STALLMAN, J.

In this action to abate a public nuisance, the City of New York seeks, among other things, to enjoin defendants, which are owners of apartment hotels on the Upper West Side, from renting to tourists or other transients. At issue is whether such use in a residential neighborhood is illegal, violative of the zoning laws, and constitutes a public nuisance.

The City of New York, the Department of Buildings...

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