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GERARD v. CLERMONT YORK ASSOCIATES, LLC

4266, 101150/10.

81 A.D.3d 497 (2011)

916 N.Y.S.2d 502

PAULA GERARD et al., Appellants, v. CLERMONT YORK ASSOCIATES, LLC, Respondent.

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

Decided February 15, 2011.

The court abused its discretion in dismissing the complaint under the doctrine of primary jurisdiction. This action presents legal issues left open after the Court of Appeals' decision in Roberts v Tishman Speyer Props., L.P. (13 N.Y.3d 270 [2009]), including whether that decision is to be applied retroactively or prospectively. It is the courts, not the Division of Housing and Community...

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