Landlord Asks Court to Strike ECB References in City's Nuisance Complaint
LVT Number: #30763
The city sued landlord of several Manhattan buildings and sought nuisance abatement. After three years of unsuccessful administrative enforcement efforts, the city claimed that landlord had failed to stop illegally advertising and renting units in three Class "A" multiple dwellings for short-term occupancy of less than 30 days. The court issued a temporary restraining order against landlord in January 2019. In June 2019, the parties signed a so-ordered settlement agreement that granted a permanent injunction and directed landlord to pay the city $300,000.
Landlord later asked the court to strike "scandalous or prejudicial matter" from the city's court complaint. The complaint included material from ECB proceedings. Landlord also said that ECB had failed to comply with U.S. and New York constitutional due process requirements, and that ECB's decisions therefore were unlawful, arbitrary, and capricious.
The court ruled against landlord. Landlord didn't explain how the ECB proceedings referenced in the city's court papers prejudiced landlord. The city's court papers didn't prevent landlord from appealing ECB's decisions. Landlord also showed no example of any unconstitutional practices by ECB.
City of New York v. Torkian Group, LLC: Index No. 450018/2019, 2020 NY Slip Op 31049(U)(Sup. Ct. NY; 4/29/20; D'Auguste, J)