Broome Realty Associates v. Eng

182 Misc.2d 917, 703 N.Y.S.2d 360 (App. Term 1st Dept. 11/4/99)

We represented: Petitioner

Stanley Parness, J., Helen Freedman and William Davis, JJ.

DECISION and ORDER Order dated September 24, 1998 (Douglas Hoffman, J.) reversed, and tenant's motion for an order directing landlord to remove a surveillance camera or device in the hallway of the building premises is denied.

In the course of this nonprimary residence summary proceeding, tenant moved the Civil Court for an order directing landlord to remove a surveillance camera or device situated in the hallway opposite his door. Civil Court erred in granting this relief. Except for proceedings for the enforcement of housing standards (CCA §§ 110 [a] [4]; 203 [o]) and applications for certain provisional remedies (CCA § 209 [b]), the New York City Civil Court may not grant injunctive relief (see, North Waterside Redevelopment Co. vs. Febbraro, 256 AD2d 261, 262).

Since the enforcement of housing standards is not at issue in this proceeding, the limited injunctive authority of Civil Court did not extend to the matter in dispute.