From Casetext: Smarter Legal Research

Matter of City of N.Y. v. Unsafe Building

Appellate Division of the Supreme Court of New York, Second Department
Feb 8, 1993
190 A.D.2d 733 (N.Y. App. Div. 1993)

Opinion

February 8, 1993

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


Ordered that the precept is affirmed, with costs.

In this proceeding commenced by the City of New York to declare certain premises to be unsafe, the court issued a precept directing the demolition of the premises after conducting a hearing pursuant to the Administrative Code of the City of New York § 26-239. At the hearing, although the City presented the testimony of an Inspector who testified that the property was unsafe, the appellants, the owners of the premises, failed to present any evidence to the contrary. Thus, the owners cannot claim that they were deprived of their due process rights to a fair hearing (see, Matter of Thomas v County of Westchester, 181 A.D.2d 900). Further, the owners waived their claim of lack of personal jurisdiction (see, Matter of City of New York [Clift], 73 A.D.2d 964; Odimgbe v Dockery, 153 Misc.2d 584).

We have reviewed the owners' remaining contentions and find them to be without merit. Rosenblatt, J.P., Lawrence, Pizzuto and Santucci, JJ., concur.


Summaries of

Matter of City of N.Y. v. Unsafe Building

Appellate Division of the Supreme Court of New York, Second Department
Feb 8, 1993
190 A.D.2d 733 (N.Y. App. Div. 1993)
Case details for

Matter of City of N.Y. v. Unsafe Building

Case Details

Full title:In the Matter of CITY OF NEW YORK, Respondent, v. UNSAFE BUILDING AND…

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

Date published: Feb 8, 1993

Citations

190 A.D.2d 733 (N.Y. App. Div. 1993)