BROOME REALTY ASSOCIATES v. SEK WING ENG (1999)

Supreme Court, Appellate Term, New York.

BROOME REALTY ASSOCIATES, Appellant, v. SEK WING ENG et al., Respondents.

Decided: November 04, 1999

Present: HON. STANLEY PARNESS, P.J., HON. HELEN E. FREEDMAN and HON. WILLIAM J. DAVIS, Justices.

Itkowitz & Harwood, New York City (Jay B. Itkowitz, Donald A. Harwood and Michelle Maratto of counsel), for appellant. Irving Bearman, New York City, for Sek Wing Eng, respondent.

Order dated September 24, 1998 (Douglas E. Hoffman, J.) reversed with $10 costs, and tenant's motion for an order directing landlord to remove a surveillance camera or device in the hallway of the building premises is denied.

In the course of this nonprimary residence summary proceeding, tenant moved the Civil Court for an order directing landlord to remove a surveillance camera or device situated in the hallway opposite his door. Civil Court erred in granting this relief. Except for proceedings for the enforcement of housing standards (CCA §§ 110[a][4]; 203[o] ) and applications for certain provisional remedies (CCA § 209[b] ), the New York City Civil Court may not grant injunctive relief (see, North Waterside Redevelopment Co. v. Febbraro, 256 A.D.2d 261, 262, 682 N.Y.S.2d 202). Since the enforcement of housing standards is not at issue in this proceeding, the limited injunctive authority of Civil Court did not extend to the matter in dispute.

PER CURIAM.

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