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PAGANUZZI, JR. v. PRIMROSE MANAGEMENT COMPANY

268 A.D.2d 213 (2000)

701 N.Y.S.2d 350

O. STEPHEN PAGANUZZI, JR., Respondent-Appellant, v. PRIMROSE MANAGEMENT COMPANY, Appellant-Respondent, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided January 4, 2000.

Although a tenant is not entitled to attorneys' fees under Real Property Law § 234 incurred in a CPLR article 78 proceeding brought by a landlord to challenge a fair market rent appeal order (see, Matter of Ista Mgt. v State Div. of Hous. & Community Renewal, 161 A.D.2d 424, 426), such fees may be awarded where the tenant is compelled to bring a plenary action to enforce such an order (see, Msibi v JRD Mgt. Corp.,

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