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DUGAN v. LONDON TERRACE GARDENS, L.P.

8906, 603468/09, 8907.

101 A.D.3d 648 (2012)

955 N.Y.S.2d 873

2012 NY Slip Op 9176

WILLIAM DUGAN et al., Respondents, v. LONDON TERRACE GARDENS, L.P., Appellant. JAMES DOERR, on Behalf of Himself and All Other Persons Similarly Situated, Respondent, v. LONDON TERRACE GARDENS, L.P., Appellant.

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

December 27, 2012.

Supreme Court properly declined to cede primary jurisdiction of these actions to DHCR, since the actions raise legal issues, including class certification and applicable limitations periods, that should be addressed in the first instance by the courts (Gerard v Clermont York Assoc., LLC, 81 A.D.3d 497 [1st Dept 2011]; see Staatsburg Water Co. v Staatsburg Fire Dist., 72 N.Y.2d 147, 156 ...

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