Matter of Davis v Oddo

Holding The Appellate Division affirmed the dismissal of the petition because documentary evidence proved the landlord had filed the required gas piping inspection certification, rendering the Department of Buildings’ decision not to enforce the law neither arbitrary nor capricious. The court also upheld the denial of discovery regarding the document’s metadata, finding the petitioner failed to demonstrate unusual circumstances or an ample need for such disclosure.

The court’s words

The official DOB form is "unambiguous and of undisputed authenticity," demonstrating the landlord's compliance with Local Law 152

2026 NY Slip Op 06522, at the official text

its decision not to issue a violation or otherwise enforce Local Law 152 against the landlord was neither arbitrary and capricious nor affected by an error of law

2026 NY Slip Op 06522, at the official text

a writ of mandamus was unwarranted, as the DOB did not "fail[] to perform a duty enjoined upon it by law"

2026 NY Slip Op 06522, at the official text

Petitioner failed to show "unusual circumstances" or "ample need" for the disclosing the metadata

2026 NY Slip Op 06522, at the official text