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CITY OF NEW YORK v. SMART

Docket No. 402255/12, Motion Seq. No. 001.

39 Misc.3d 221 (2013)

959 N.Y.S.2d 890

2013 NY Slip Op 23054

CITY OF NEW YORK, Plaintiff, v. SMART APARTMENTS LLC et al., Defendants.

Supreme Court, New York County.

February 13, 2013.

Attorney(s) appearing for the Case

Michael A. Cardozo , Corporation Counsel and Mayor's Office of Special Enforcement, New York City ( Richard Hartzman of counsel), for plaintiff. Dorf & Nelson, Rye ( Jonathan Nelson and Rod Biermann of counsel), for defendants.

OPINION OF THE COURT

ARTHUR F. ENGORON, J.

The instant motion is granted and the instant cross motion is denied.

Procedural Posture

The complaint sets forth causes of action for deceptive trade practices under the Consumer Protection Law and for public nuisance under the common law.

Plaintiff, the City of New York, now moves, pursuant to Administrative Code of the City of New York § 20-703 (d), CPLR 6301, and CPLR...

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