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D'AGOSTINO v. FORTY-THREE EAST EQUITIES CORP.

16 Misc.3d 59 (2007)

842 N.Y.S.2d 122

PETER D. D'AGOSTINO, Respondent, v. FORTY-THREE EAST EQUITIES CORP., Appellant, and NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, Respondent.

Supreme Court, Appellate Term, First Department.

June 20, 2007.

Attorney(s) appearing for the Case

Belkin Burden Wenig & Goldman, LLP, New York City (Sherwin Belkin, Joseph Burden, Magda L. Cruz and Kristine L. Grinberg of counsel), for appellant.

Jeffrey S. Ween & Associates, New York City, for Peter D'Agostino, respondent.

Michael A. Cardozo, Corporation Counsel (Francis F. Caputo and Dona B. Morris of counsel), for New York City Department of Housing Preservation and Development, respondent.

McKEON, P.J., and DAVIS, J., concur; McCOOE, J., dissents in a separate opinion.

OPINION OF THE COURT

Per Curiam.

Order, dated April 3, 2006, affirmed, with $10 costs.

Tenant commenced this Housing Part (HP) proceeding to compel landlord to repair the roof of the subject building and water damage to his apartment caused by alleged roof and window defects. Landlord moved to stay or dismiss the proceeding, based upon an arbitration clause contained in a prior settlement agreement...

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