2020 NY Slip Op 50513

Citation
2020 NY Slip Op 50513
Jurisdiction
New York (state)
Source verification
cross_accepted_sealed
Original Source
https://www.nycourts.gov/reporter/3dseries/2020/2020_50513.htm ↗

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N.Y.L.J. LEXIS 5578 (Civ. Ct. NY Co.). Bernard, supra, 246 AD2d at
171, also makes this connection, although, as previously noted in footnote 4, the Court of
Appeals' dismissal of the appeal of that decision on grounds of mootness deprives that
decision of precedential value.

Footnote 7:See HPD,
supra, 128 Misc 2d at 650, citing Park W. Mgt. Corp. v. Mitchell, 47
NY2d 316, 327 (1979).

Footnote 8:Instructively DOB's
expert's estimate of the roof repair at the present day — presumably more than it
would have been in past years — is $18,298, obviously orders of magnitude lower
than the value of the subject premises. While Respondents' expert's report itemizes the
cost of roof repairs in a more compartmentalized way, that total cost of roof repair is of a
similar scale relative to the value of the subject premises.

Footnote 9:A Court Rule
encourages judges in Civil Court to bifurcate the issues of liability and damages in trials
of personal injury actions, 22 N.Y.C.R.R. §208.35(a), and rules of the Civil Court
shall apply to the Housing Part whenever practicable. 22 N.Y.C.R.R. §208.43(b).