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MATTER OF DOCK PROPERTIES, LLC v. DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT OF THE CITY OF NEW YORK

5233. 260736/15.

156 A.D.3d 528 (2017)

65 N.Y.S.3d 444

2017 NY Slip Op 08742

In the Matter of DOCK PROPERTIES, LLC, et al., Respondents, v. DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT OF THE CITY OF NEW YORK et al., Appellants.

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

Decided December 14, 2017.

As conceded by petitioners, based on the Court of Appeals' recent holding in Rivera v Department of Hous. Preserv. & Dev. of the City of N.Y. (29 N.Y.3d 45 [2017]), this dispute regarding the reasonableness of expenses claimed by respondents in an otherwise facially valid notice of lien must be resolved through a foreclosure trial, rather than a summary discharge proceeding (see id...

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