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MATTER OF HOFFMAN & SONS REALTY, INC. v. CITY OF NEW YORK

2018-04122. Index No. 512218/17.

189 A.D.3d 833 (2020)

133 N.Y.S.3d 488

2020 NY Slip Op 07193

In the Matter of Hoffman & Sons Realty, Inc., Appellant, v. City of New York et al., Respondents.

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

Decided December 2, 2020.

Attorney(s) appearing for the Case

Jacob Ginsburg, Esq. , PLLC, Monsey, NY, for appellant.

James E. Johnson , Corporation Counsel, New York, NY ( Jamison Davies and Scott Shorr of counsel), for respondents City of New York, Fidel F. Del Valle, Rick Chandler, Environmental Control Board, Office of Administrative Trials and Hearings, New York City Department of Buildings, and New York City Department of Finance.

Kenneth D. Litwack , Counselor at Law, P.C. ( Law Offices of Bernard D'Orazio & Associates, P.C., New York, NY [ Steven G. Yudin ], of counsel), for respondent New York City Marshal Martin A. Bienstock.

Scheinkman, P.J., Dillon, Austin and Miller, JJ., concur.

Ordered that the appeal from so much of the order and judgment as denied, as academic, the cross motion of the respondent New York City Marshal Martin A. Bienstock to collect poundage and fees is dismissed; and it is further,

Ordered that the order and judgment is affirmed insofar as reviewed; and it is further,

Ordered that one bill of costs is awarded to the respondents appearing separately and filing separate briefs.

The petitioner owns certain...

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