Legal Opinion
Stone v. Goldberg
Appellate Division of the Supreme Court of the State of New York
Decided May 9, 1995PublishedCited by 5 opinions
1Opinion of the Court
Order and judgment, Supreme Court, New York County (Edward Lehner, J.), entered on or about March 3, 1994 and March 21, 1994, respectively, which granted plaintiff’s summary judgment motion, and awarded plaintiff $11,705.20, unanimously affirmed, without costs.
Having failed to exhaust her administrative remedies or commence a CPLR article 78 proceeding, defendant cannot, in this plenary judicial action, collaterally attack the New York State Division of Housing and Community Renewal’s (DHCR) order finding that excessive rent was charged (see, Watergate II Apts, v Buffalo Sewer Auth., 46 NY2d…
2Cases cited2 opinions
- Watergate II Apartments v. Buffalo Sewer AuthorityNew York Court of Appeals · 1978
- Jonathan Woodner Co. v. HigginsAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by5 opinions
- Dowling v. HollandAppellate Division of the Supreme Court of the State of New York · 1997
- Joseph v. RoldanAppellate Division of the Supreme Court of the State of New York · 2001
- E & M Associates v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 1995
- Panama Leasing Co. v. Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 1997
- Rutherford v. Bee Gee Excelsior Management, Inc.Appellate Division of the Supreme Court of the State of New York · 2002