Chai Pok Ko v. City of New York

Full title: CHAI POK KO et al., Appellants, v. CITY OF NEW YORK, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 18, 1994

203 A.D.2d 410 (N.Y. App. Div. 1994)

610 N.Y.S.2d 854

Opinion

April 18, 1994

Appeal from the Supreme Court, Queens County (Price, J.).

Ordered that the order is affirmed, with costs.

The subject premises, owned by the plaintiffs, were destroyed by fire in 1986. Approximately five years later, the defendant City of New York commenced an unsafe building proceeding in an effort to abate the hazardous condition which existed on the premises. In bringing the instant action, the plaintiffs claim that the defendant negligently failed to notify them of the impending destruction of the fire-ravaged structure located on the premises. However, we conclude that there is no question that the City complied with the notice provisions of the Administrative Code (see, Administrative Code of City of N Y § 26-236 [b]; § 26-244 [d]). Accordingly, the Supreme Court properly awarded summary judgment to the City. Mangano, P.J., Ritter, Friedmann and Goldstein, JJ., concur.