A Manhattan judge has ruled that claims accusing the Department of Housing Preservation and Development and developers of defrauding residents in a city-assisted co-op conversion in upper Manhattan can proceed.

Supreme Court Justice Joan Madden’s (See Profile) decision in Peny & Co. v. 936-938 Cliffcrest Housing Development Fund Corp., 850011/13, declined to add claims against HPD immediately, but said that the residents will be able to renew their motion to add those claims after she has reviewed internal HPD documents in camera. She rejected HPD’s argument that the claims were time-barred.