Landlord Couldn't Raise Claims on Appeal of OATH Rulings

February 23, 2024

LVT Number: #33077

Landlord sought an Article 78 court appeal of a decision by the NYC Office of Administrative Trials and Hearings (OATH). OATH had denied landlord's requests to vacate default judgments and grant new hearings on the issues involved. Alternatively, landlord sought a reduction in the amount of the OATH default penalties. The court ruled against landlord. Landlord had the opportunity to raise these claims in an initial Article 78 proceeding commenced in response to OATH determinations concerning violations at landlord's building.

Landlord sought an Article 78 court appeal of a decision by the NYC Office of Administrative Trials and Hearings (OATH). OATH had denied landlord's requests to vacate default judgments and grant new hearings on the issues involved. Alternatively, landlord sought a reduction in the amount of the OATH default penalties. The court ruled against landlord. Landlord had the opportunity to raise these claims in an initial Article 78 proceeding commenced in response to OATH determinations concerning violations at landlord's building. But since landlord hadn't raised these claims in the first proceeding, it couldn't do so here on appeal. 

Matter of Windermere Props. LLC v. City of NY: Index No. 161016/2022, 2023 NY Slip Op 34545(U)(Sup. Ct. NY; 12/21/24; Bannon, J)

Topics

More like this