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ISLAND REALTY HOLDINGS, LLC v. 995 MANOR ROAD, LLC

2009-07171.

78 A.D.3d 1007 (2010)

912 N.Y.S.2d 883

ISLAND REALTY HOLDINGS, LLC, Respondent, v. 995 MANOR ROAD, LLC, et al., Defendants/Respondents, and NEW YORK CITY DEPARTMENT OF BUILDINGS, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided November 23, 2010.

Ordered that the order and interlocutory judgment is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the New York City Department of Buildings which was to dismiss the petition for failure to exhaust administrative remedies is granted.

Subject to certain exceptions not applicable here, "one who objects to the act of an administrative agency must exhaust available administrative...

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