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MATTER OF BRANIC INTERNATIONAL REALTY CORP. v. DIVISION OF CODE ENFORCEMENT OF THE DEPARTMENT OF HOUSING PRESERVATION

Index No. 154950/22, Appeal No. 1798, Case No. 2023-00725.

2024 NY Slip Op 01155

IN THE MATTER OF BRANIC INTERNATIONAL REALTY CORP., Petitioner-Appellant, v. THE DIVISION OF CODE ENFORCEMENT OF THE DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT OF THE CITY OF NEW YORK, Respondent-Respondent.

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

Decided March 5, 2024.

Attorney(s) appearing for the Case

Rose & Rose, New York ( David P. Haberman of counsel), for appellant.

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Jennifer Lerner of counsel), for respondent.

Before: Singh, J.P., Friedman, Rodriguez, Higgitt, Rosado, JJ.

Order, Supreme Court, New York County (Lyle E. Frank, J.), entered on or about January 5, 2023, which denied petitioner Branic International Realty Corp.'s petition for an order discharging a lien and directing the return of monies deposited, and granted the cross-motion of respondent New York City Department of Housing Preservation and Development (HPD) to dismiss the petition, unanimously affirmed, without costs.

In November 1998, HPD filed a notice of lien against...

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