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MATTER OF NORTHERN MANHATTAN EQUITIES, LLC v. CIVIL CT. OF THE CITY OF N.Y.

159406/19. Appeal No. 13127. Case No. 2020-01086.

191 A.D.3d 536 (2021)

138 N.Y.S.3d 346

2021 NY Slip Op 01006

In the Matter of Northern Manhattan Equities, LLC, Appellant, v. Civil Court of the City of New York et al., Respondents.

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

Decided February 16, 2021.

Attorney(s) appearing for the Case

Rosenblum & Bianco, LLP, Rockville Centre ( Tracy William Boshart of counsel), for appellant.

Eileen D. Millett , Office of Court Administration Counsel's Office, New York ( Mindy Ming-Huai Jeng of counsel), for respondents.

Concur—Gische, J.P., Moulton, González, Scarpulla, JJ.

In this article 78 proceeding, petitioner seeks to challenge a determination of respondent Civil Court, which declined to sign petitioner's application for a warrant in an action pending before that court. The Civil Court declined to sign the warrant due to petitioner's alleged failure to provide sufficient notice to its commercial tenant (see RPAPL 711[2]).

The Supreme Court properly denied the petition. An article 78 proceeding is not an appropriate vehicle...

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