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.

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] ).

CLERK

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law