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MATTER OF CRABTREE v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

294 A.D.2d 287 (2002)

743 N.Y.S.2d 35

In the Matter of ROBERT CRABTREE, Respondent, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Appellant, et al., Respondents.

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

Decided May 30, 2002.

We find that, although ultimately unsuccessful, DHCR was substantially justified in taking the position that petitioner, Robert Crabtree, the tenant of record of apartment 2W at Charles Street in Manhattan since December 1, 1992, was not overcharged by his landlords, respondents Charles Thompson, LLC, and Shore Assets, Inc. (Thompson). Thus, Crabtree, the prevailing party in the underlying article 78 proceeding, is not entitled to an award of legal fees under the New York...

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