Gild v. Fried

Order, Supreme Court, New York County (Diane Lebedeff, J.), entered December 13, 2001, which, inter alia, granted defendants’ motion to dismiss the complaint pursuant to CPLR 3211, unanimously affirmed, with costs.

Plaintiff tenants’ challenge in their first cause of action to major capital improvement rent increases initially approved by the State Division of Housing and Community Renewal (DHCR) but under reconsideration at the time of this action’s commencement was premature (see Matter of Plaza Realty Invs. v New York State Div. of Hous. & Community Renewal, 173 AD2d 290, 291) and, in any…