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MATTER OF 108 REALTY LLC v. DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT OF CITY OF NEW YORK

4857, 113982/09, 4858.

83 A.D.3d 556 (2011)

In the Matter of 108 REALTY LLC, Appellant, v. DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT OF THE CITY OF NEW YORK et al., Respondent.

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

Decided April 21, 2011.

Initially, we note that Supreme Court properly entertained respondents' motion to dismiss, which was based solely on a point of law and did not dispute any of the facts alleged by petitioner (see CPLR 7804 [f]; Matter of Nassau BOCES Cent. Council of Teachers v Board of Coop. Educ. Servs. of Nassau County, 63 N.Y.2d 100 [1984]). Furthermore, contrary to petitioner's contention, its allegation that the "sole basis" for HPD...

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