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MATTER OF HERNANDEZ v. DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT OF THE CITY OF NEW YORK

5517.

157 A.D.3d 618 (2018)

67 N.Y.S.3d 472

2018 NY Slip Op 00475

In the Matter of ELIAS HERNANDEZ, Respondent, v. DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT OF THE CITY OF NEW YORK, Appellant.

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

Decided January 25, 2018.

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 whether the individuals on whose behalf respondent claims to have incurred relocation expenses were subject to a vacate order and/or whether they were petitioner's tenants, must be resolved through a foreclosure trial, rather...

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