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Dobbins v. Riverview Equities Corp.

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


July 2, 2009

IN RE DAVID F. DOBBINS, PETITIONER-APPELLANT,
v.
RIVERVIEW EQUITIES CORP., ET AL., RESPONDENTS-RESPONDENTS.

Judgment, Supreme Court, New York County (Joan A. Madden, J.), entered January 12, 2009, denying the petition to set aside respondent cooperative corporation's riser policy as violative of paragraph 18(a) of the proprietary lease and to obtain reimbursement of the costs of an assessment imposed pursuant thereto, and dismissing this proceeding as time-barred, unanimously affirmed, with costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Gonzalez, P.J., Tom, Mazzarelli, Andrias, Saxe, JJ.

106208/08

This proceeding was untimely commenced under CPLR article 78, having been commenced more than four months after respondents' determination became final and binding upon petitioner.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090702

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