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DIBBS v. MULHOLLAND

292 A.D.2d 164 (2002)

738 N.Y.S.2d 203

STEPHEN DIBBS, Appellant-Respondent, v. JOHN MULHOLLAND et al., Respondent-Appellant, and ERNEST TORNINCASA et al., Respondents.

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

Decided March 5, 2002.

DHCR's determination to close the tenant's harassment complaint was not an abuse of its discretion (CPLR 7803 [3]; see, Dibbs v Tornicasa, 1999 WL 1201709, *6-7, 1999 US Dist LEXIS 19195, *19-21 [SD NY, Dec. 14, 1999]), there being ample justification therefor in the tenant's refusal to permit the landlord access to the premises and to otherwise cooperate with the plan DHCR had formulated to remedy the safety and habitability...

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