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Hunter, Jr., J.P., Schoenfeld, Torres, Jj. v. Bruce Becker

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT March 2011 Term


April 28, 2011

HUNTER, JR., J.P., SCHOENFELD, TORRES, JJ. ROXBOROUGH APARTMENTS CORP., PETITIONER-LANDLORD-RESPONDENT,
v.
BRUCE BECKER, RESPONDENT-TENANT-APPELLANT.

Tenant appeals from a final judgment of the Civil Court of the City of New York, New York County (Peter M. Wendt, J.), entered June 25, 2010, after a non-jury trial, which awarded landlord possession and a recovery of rent arrears in the principal sum of $18,728 in a nonpayment summary proceeding.

Per curiam.

Roxborough Apts. Corp. v Becker

Appellate Term, First Department

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

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on April 28, 2011

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: Hunter, Jr., J.P., Schoenfeld, Torres, JJ

Roxborough Apartments Corp.,

APRIL 28, 2011

NY County Clerk's No. 570587/10

Calendar No. 11-081

Final judgment (Peter M. Wendt, J.), entered June 25, 2010, affirmed, with $10 costs. Landlord demonstrated its entitlement to recover major capital improvement rent increases sought in the instant nonpayment summary proceeding, based on the prior orders issued by the New York State Division of Housing and Community Renewal (DHCR). In the absence of a CPLR article 78 proceeding, the DHCR orders are accorded preclusive effect, and Civil Court possesses no statutory authority to review their merits (see Rent Stabilization Code [9 NYCRR] Part 2529, § 2530.1; Dara Realty Assoc. v Schachter, 194 Misc 2d 29, 30 [2002]). On this record, and considering the protracted litigation history between these parties, we find no merit to tenant's affirmative defense of laches (see Cohen v Krantz, 227 AD2d 581, 582 [1996]; Dwyer v Mazzola, 171 AD2d 726, 727 [1991]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Decision Date: April 28, 2011

Petitioner-Landlord-Respondent, -against- against Bruce Becker, Respondent-Tenant-Appellant.

Tenant appeals from a final judgment of the Civil Court of the City of New York, New York County (Peter M. Wendt, J.), entered June 25, 2010, after a non-jury trial, which awarded landlord possession and a recovery of rent arrears in the principal sum of $18,728 in a nonpayment summary proceeding.

Per Curiam.

Final judgment (Peter M. Wendt, J.), entered June 25, 2010, affirmed, with $10 costs.

Landlord demonstrated its entitlement to recover major capital improvement rent increases sought in the instant nonpayment summary proceeding, based on the prior orders issued by the New York State Division of Housing and Community Renewal (DHCR). In the absence of a CPLR article 78 proceeding, the DHCR orders are accorded preclusive effect, and Civil Court possesses no statutory authority to review their merits (see Rent Stabilization Code [9 NYCRR] Part 2529, § 2530.1; Dara Realty Assoc. v Schachter, 194 Misc 2d 29, 30 [2002]). On this record, and considering the protracted litigation history between these parties, we find no merit to tenant's affirmative defense of laches (see Cohen v Krantz, 227 AD2d 581, 582 [1996]; Dwyer v Mazzola, 171 AD2d 726, 727 [1991]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Decision Date: April 28, 2011

20110428

© 1992-2011 VersusLaw Inc.



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