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STONER v. ATLANTIC REALTY APTS., LLC

101399/14, 4749, 4748.

154 A.D.3d 552 (2017)

61 N.Y.S.3d 899

2017 NY Slip Op 07329

MARTIN STONER, Appellant, v. ATLANTIC REALTY APTS., LLC, et al., Respondents.

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

Decided October 19, 2017.

The motion court correctly granted the cross motions to dismiss the amended complaint, because plaintiff failed to exhaust his administrative remedies (see Town of Oyster Bay v Kirkland, 19 N.Y.3d 1035, 1038 [2012], cert denied 568 U.S. 1213 [2013]). Moreover, the amended complaint did not seek any relief against defendant the New York State Division of Housing and Community Renewal...

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