CPLR R. 4511(b) When judicial notice may be taken without request; when it shall be taken on request.
Mendoza v Mortlen Realty Corp., 2011 NY Slip Op 07520 (1st Dept., 2011)
The evidence submitted by defendants in opposition to the motion was insufficient to raise a factual issue to defeat summary judgment. Although defendants contend that the court improperly considered documents submitted by plaintiffs to rebut the argument that the building is not a multiple dwelling because they were unauthenticated and/or uncertified, defendants failed to preserve this issue for appellate review (see DiLeo v Blumberg, 250 AD2d 364, 366 [1998]). Were we to review this issue, we would find that the motion court properly considered the certificate of occupancy as well as printouts from the website of the New York City Department of Housing Preservation and Development which established that the building had been classified as a multiple dwelling (see CPLR 4511(b); Elkaim v Elkaim, 176 AD2d 116 [1991], appeal dismissed 78 NY2d 1072 [1991]).
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