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517-525 W. 45 LLC v. NEW YORK CITY DEPT. OF HOUS. PRESERV. & DEV.

Index No. 654806/22, Appeal No. 1868, Case No. 2023-01395.

2024 NY Slip Op 01501

517-525 WEST 45 LLC, Appellant, v. NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION & DEVELOPMENT ET AL., Respondents.

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

Decided March 19, 2024.

Attorney(s) appearing for the Case

Windels Marx Lane & Mittendorf LLP, New York ( Jason M. Frosch of counsel), for appellant.

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Amy McCamphill of counsel), for respondents.

Before: Singh, J.P., González, Scarpulla, Higgitt, Rosado, JJ.

Order, Supreme Court, New York County (Lyle E. Frank, J.), entered March 16, 2023, which granted defendants' motion to dismiss the complaint, unanimously affirmed, without costs.

The motion court properly dismissed the complaint in its entirety based on its finding that plaintiff's claims were barred by the doctrine of res judicata. The May 18, 2021 order dismissing its earlier article 78 petition resolved the question of whether defendant NYC Department of Housing...

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