MARTIN v. CHELSEA HOTEL OWNER, LLC

Index No. 150594/19. Appeal No. 13149-13149A. Case Nos. 2020-02359, 2020-02410.

191 A.D.3d 534 (2021)

138 N.Y.S.3d 336

2021 NY Slip Op 01003

Deborah Martin et al., Appellants, v. Chelsea Hotel Owner, LLC, et al., Respondents.

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

Decided February 16, 2021.


Attorney(s) appearing for the Case

Leon I. Behar, P.C., New York ( Mitchell P. Heaney of counsel) for appellants.

Kasowitz Benson Torres LLP, New York ( Jennifer S. Recine of counsel), for Chelsea Hotel Owners, LLC, Richard Born and Chelsea Hotel F&B LLC, respondents.

James E. Johnson , Corporation Counsel, New York ( Claibourne Henry of counsel), for New York City Department of Buildings, respondent.

Concur—Manzanet-Daniels, J.P., Webber, Oing, Kennedy, JJ.


The court correctly found that the cause of action for an order requiring defendant owners of the subject building to have the building's certificate of occupancy modified to conform to a purported reclassification order should, in the first instance, be raised before the appropriate agency. Moreover, even if plaintiffs could seek the requested injunctive relief without first having exhausted their administrative remedies, they would not be entitled to summary judgment on...

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