New York Court of Appeals

In the Matter of Mitchell Schorr, Respondent v. New York City Department of Housing Preservation and Development Et…

March 13, 200810 N.Y.3d 776

Summary

The New York Court of Appeals reversed the Appellate Division’s order and dismissed the petitioner’s CPLR 78 action. It held that a governmental agency cannot be estopped from enforcing the statutory eligibility requirements of the Mitchell‑Lama Law, and that the petitioner did not qualify for successor rights, so the Department of Housing Preservation and Development’s eviction determination stands.