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Aida Rosario-Gil, Petitioner-Tenant-Appellant, v. 605 West 42nd Owner LLC, Respondent-Landlord-Respondent, and The Department of Housing Preservation and Development (DHPD), Respondent.
Per Curiam.
Order (Alberto M. Gonzalez, J.), dated July 29, 2025, affirmed, without costs.
Civil Court properly granted respondent-landlord's motion to dismiss this Housing Part enforcement proceeding. The record, as well as the Department of Housing Preservation and Development's (HPD) website records, of which the court took judicial notice (see Multiple Dwelling Law (MDL) § 328 [3]; Hoya Saxa v Gowan, 149 Misc 2d 191 [App Term, 1st Dept 1991]), established that the two violations in petitioner's apartment that were listed in the parties' April 3, 2025 consent order were corrected by landlord (see Frankel v 71st St. Lexington Corp., 46 Misc 3d 149[A], 2015 NY Slip Op 50264[U] [App Term, 1st Dept 2015]; Malize v New York City Hous. Auth., 37 Misc 3d 138[A], 2012 NY Slip Op 52196[U] [App Term, 1st Dept 2012]). Nor is there any basis on this record for imposing sanctions against landlord.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur I concur
Decision Date: May 14, 2026
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Docket No: 570384 /26
Decided: May 14, 2026
Court: Supreme Court, Appellate Term, New York,
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