MATTER OF BOARD OF MGRS. OF FRANKLIN PLACE CONDOMINIUM v. NEW YORK CITY FIRE DEPT.

Index No. 161047/20. Appeal No. 17297. Case No. 2021-03533.

213 A.D.3d 446 (2023)

183 N.Y.S.3d 387

2023 NY Slip Op 00721

In the Matter of Board of Managers of Franklin Place Condominium et al., Appellants, v. New York City Fire Department et al., Respondents.

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

Decided February 9, 2023.


Attorney(s) appearing for the Case

Schwartz Sladkus Reich Greenberg Atlas LLP, New York (Stephen H. Orel of counsel) for appellants.

Sylvia O. Hinds-Radix, Corporation Counsel, New York (Antonella Karlin of counsel), for New York City Fire Department, Daniel A. Nigro, New York City Department of Transportation and Margaret Forgione, respondents.

Borstein Turkel PC, New York (Avram S. Turkel of counsel) for EMFT LLC, respondent.

Stern Tannenbaum & Bell LLP, New York (Karen S. Frieman of counsel) for 70 Franklin Place LLC, respondent.

Wilk Auslander LLP, New York (Michael T. Contos of counsel) for 373-375 Broadway, LLC, respondent.

Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., New York (Paul N. Gruber of counsel) for The Board of Managers of 377 Broadway Condominium, respondent.

Concur—Webber, J.P., Oing, González, Scarpulla, Rodriguez, JJ.


Order, Supreme Court, New York County (Shlomo S. Hagler, J.), entered on or about August 10, 2021, which, to the extent appealed from as limited by the briefs, in this hybrid CPLR article 78 proceeding and declaratory judgment action, granted respondents' motion and cross motions to dismiss the petition to compel respondent New York City Fire Department (FDNY) to regulate Franklin Place...

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