Legal Opinion

Crabtree v. New York State Division of Housing & Community Renewal

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

Decided May 30, 2002Published

1Opinion of the Court

—Judgment and order amending judgment, Supreme Court, New York County (Robert Lippmann, J.), both entered July 10, 2000, which awarded attorney’s fees to petitioner-respondent Robert Crabtree pursuant to CPLR 8601, following his CPLR article 78 proceeding arising from the denial by respondent-appellant Division of Housing and Community Renewal (DHCR) of his fair market rent appeal, unanimously reversed, on the law, without costs, and such award vacated.

We find that, although ultimately unsuccessful, DHCR was substantially justified in taking the position that petitioner, Robert Crabtree, the…

2Cases cited5 opinions

  1. Pierce v. UnderwoodSupreme Court of the United States · 1988
  2. New York State Clinical Laboratory Ass'n v. KaladjianNew York Court of Appeals · 1995
  3. Greater New York Health Care Facilities Ass'n v. DeBuonoNew York Court of Appeals · 1998
  4. Bragston Realty Corp. v. DixonAppellate Terms of the Supreme Court of New York · 1999
  5. Greater New York Health Care Facilities Ass'n v. DeBuonoAppellate Division of the Supreme Court of the State of New York · 1997

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