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CHECHAK v. HAKIM

269 A.D.2d 333 (2000)

703 N.Y.S.2d 915

ELINORE CHECHAK, Respondent, v. KAMRAM HAKIM et al., Appellants.

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

Decided February 29, 2000.

A tenant compelled to bring a plenary action to enforce a fair market rent appeal order is entitled to attorneys' fees under Real Property Law § 234 and prejudgment interest under CPLR 5001 (a) computed from the date of the Rent Administrator's order (Paganuzzi v Primrose Mgt. Co., 268 A.D.2d 213). The landlord's argument that it is entitled to an offset for the amount of rent the tenant withheld in an effort to recoup the DHCR...

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