Legal Opinion

2421 Realty Co. v. New York State Division of Housing & Community Renewal

Appellate Division of the Supreme Court of the State of New York

Decided May 27, 1993Published

1Opinion of the Court

Order, Supreme Court, Bronx County (Barry Salman, J.), entered February 6, 1992, which denied petitioner’s motion for attorneys’ fees pursuant to CPLR article 86, unanimously affirmed, without costs.

The IAS Court properly denied attorneys’ fees pursuant to CPLR 8601 to petitioner-landlord which had previously obtained a writ of mandamus to compel respondent State agency to render a final determination on two petitions for administrative review (PAR) brought by tenants challenging the State agency’s grant of petitioner’s request for a major capital improvement (MCI) rent increase. Respondent…

2Cases cited4 opinions

  1. Pierce v. UnderwoodSupreme Court of the United States · 1988
  2. 140 West 57th Street Corp. v. State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 1987
  3. Peck v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 1992
  4. Dorchester Associates v. State of New York Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 1989

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