Borough Missing from Violation Notice

LVT Number: 9643

DOB issued a violation notice to landlord for a hazardous elevator and other violations. Landlord challenged the notice, pointing out that the notice didn't state in which borough the building was located. The ALJ ruled for landlord and dismissed the notice. DOB appealed, arguing that landlord wasn't prejudiced by the error, because the inspector handed the violation notice to the building superintendent the day it was written. ECB ruled against DOB. There is a ''7th Avenue'' in both Manhattan and Brooklyn.

DOB issued a violation notice to landlord for a hazardous elevator and other violations. Landlord challenged the notice, pointing out that the notice didn't state in which borough the building was located. The ALJ ruled for landlord and dismissed the notice. DOB appealed, arguing that landlord wasn't prejudiced by the error, because the inspector handed the violation notice to the building superintendent the day it was written. ECB ruled against DOB. There is a ''7th Avenue'' in both Manhattan and Brooklyn. So there was a possibility of confusion with another location and the notice had to be dismissed

City of New York v. Simon Mgmt. Corp.: ECB App. No. 20747 (9/29/94)

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