Legal Opinion

Dara Realty Associates, LLC v. Schachter

Appellate Terms of the Supreme Court of New York

Decided October 1, 2002Published

1Opinion of the Court

*30OPINION OF THE COURT

Memorandum.

Final judgment unanimously modified by reducing the amount of the monetary award to $3,551.93 and, as so modified, affirmed without costs.

Contrary to tenant’s contention, the housing court correctly refused to entertain tenant’s challenge to the legality of the orders awarding rent increases for major capital improvements (MCIs). The only avenue of review of these orders was by way of administrative appeal and a CPLR article 78 proceeding (Rent Stabilization Law of 1969 [Administrative Code of City of NY] §26-516 [h]; Rent Stabilization Code [9 NYCRR] parts…

2Cases cited3 opinions

  1. Foy v. SchechterNew York Court of Appeals · 1956
  2. Bryant Avenue Tenants' Ass'n v. KochNew York Court of Appeals · 1994
  3. Bryant Avenue Tenants' Association v. KochAppellate Division of the Supreme Court of the State of New York · 1993

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