459 West 43rd Street Corp. v. New York State Division of Housing & Community Renewal

Order, Supreme Court, New York County (Irma Vidal Santaella, J.), entered March 25, 1988, which denied defendant-appellant’s motion to dismiss as time barred the fourth and fifth causes of action in the complaint for a declaratory judgment, unanimously reversed, on the law and the facts, without costs, and the motion granted to the extent of declaring plaintiffs challenge to the promulgation of section 2522.5 (c) (2) of the Rent Stabilization Code (9 NYCRR) to be barred by the four-month period of limitation of CPLR 217. Order of said court, entered on or about September 19, 1988, which…