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338 W. 46th Street Realty, LLC v. George Morton

New York Supreme and/or Appellate Courts Appellate Division, First Department


February 19, 2013

338 W. 46TH STREET REALTY, LLC, PETITIONER-RESPONDENT, --
v.
GEORGE MORTON, ET AL.,
RESPONDENTS-APPELLANTS.

338 W. 46th St. Realty, LLC v Morton

Decided on February 19, 2013

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.

Tom, J.P., Moskowitz, Richter, Manzanet-Daniels, Clark, JJ.

Order of the Appellate Term of the Supreme Court, First Department, entered on or about July 15, 2011, which, to the extent appealed from, modified an amended order of Civil Court, New York County (Gary F. Marton, J.), entered on or about October 7, 2009, to reduce the amount of attorneys' fees awarded to respondents, unanimously affirmed, without costs.

Notwithstanding that the proceeding before the Division of Housing & Community Renewal (DHCR) was related to the summary possession proceeding, Real Property § 234 is not applicable to the DHCR proceeding, and respondents are not entitled to attorneys' fees incurred therein (see Matter of Blair v New York State Div. of Hous. & Community Renewal, 96 AD3d 687 [1st Dept 2012]).

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

ENTERED: FEBRUARY 19, 2013

CLERK

20130219

© 1992-2013 VersusLaw Inc.



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