AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

EPDI ASSOCIATES, ETC., appellant, v. STEPHEN CONLEY, respondent.

DECISION ORDER

ORDERED that the appeal from the order is dismissed, without costs or disbursements; and it is further;

ORDERED that the judgment is affirmed, without costs or disbursements.

The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of the judgment in the action ( see Matter of Aho, 39 N.Y.2d 241, 248). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the judgment ( see CPLR 5501[a][1]).

Contrary to the plaintiff's contention, the Supreme Court properly dismissed the complaint. In instances of concurrent jurisdiction, the doctrine of primary jurisdiction may preclude the exercise of a court's jurisdiction where enforcement of the claim requires resolution of issues which, under a regulatory scheme, are placed within the special competence of an administrative body ( see Matter of Markow-Brown v. Board of Educ. Port Jefferson Pub. Schools, 301 A.D.2d 653).

Here, the determination of whether an interim multiple dwelling is considered abandoned rests squarely within the purview of the New York City Loft Board (hereinafter the Loft Board) ( see [29 RCNY] § 2-10[f][3]). An abandonment proceeding was pending before the Loft Board. Thus, the Supreme Court providently exercised its discretion in dismissing the action to compel determination of the plaintiff's claim to the interim multiple dwelling at issue, without prejudice to restoring the action following resolution of the administrative proceeding ( see generally Eli Haddad Corp. v. Redmond Studio, 102 A.D.2d 730).

The plaintiff's remaining contentions are without merit.

SMITH, J.P., KRAUSMAN, CRANE and MASTRO, JJ., concur.

Use AI to get other relevant cases.

Comments

EPDI ASSOCS. v. CONLEY
(May 24, 2004)