Daniel Collazo, et al., Plaintiffs–Appellants, v. LLC (2017)

Supreme Court, Appellate Division, First Department.

Daniel Collazo, et al., Plaintiffs–Appellants, v. Netherland Property Assets LLC, et al., Defendants–Respondents.

5032

Decided: November 28, 2017

Richter, J.P., Kapnick, Webber, Oing, Singh, JJ. Himmelstein, McConnell, Gribben, Donoghue & Joseph LLP, New York (Jesse D. Gribben of counsel), for appellants. Katsky Korins LLP, New York (Adrienne B. Koch of counsel), for respondents.

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Order, Supreme Court, New York County (David B. Cohen, J.), entered March 7, 2017, which granted defendants' motion to dismiss plaintiffs' complaint, unanimously affirmed, without costs.

The motion court providently exercised its discretion in ruling that plaintiffs' rent overcharge claims should be determined by the New York State Division of Housing and Community Renewal in the first instance (Olsen v. Stellar W. 110, LLC, 96 AD3d 440, 441–442 [1st Dept 2012], lv dismissed 20 NY3d 1000 [2013] ).  The court also correctly ruled that plaintiffs hadfailed to state a cause of action for relief under General

Business Law § 349 (Aguaiza v. Vantage Props., LLC, 69 AD3d 422, 423 [1st Dept 2010] ).

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CLERK