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HAMILTON v. MENALON REALTY, LLC

14 Misc.3d 13 (2006)

829 N.Y.S.2d 400

DAVID HAMILTON et al., Appellants, v. MENALON REALTY, LLC, et al., Respondents, et al., Respondent.

Supreme Court, Appellate Term, Second Department.

November 17, 2006

Attorney(s) appearing for the Case

Cornicello & Tendler, LLP, New York City (Susan Baumel-Cornicello and Jay H. Berg of counsel), for appellants.

Wenig Saltiel & Greene LLP, Brooklyn (Meryl L. Wenig and Omar Chaudhry of counsel), for Menalon Realty, LLC, and others, respondents.

PESCE, P.J., WESTON PATTERSON and BELEN, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order affirmed without costs.

Upon prevailing in this Housing Part (HP) proceeding to compel the correction of violations in their apartment, tenants sought an award of attorney's fees pursuant to Real Property Law § 234. The court below denied their application on the ground that tenants were relying on the terms of a lease with a prior landlord. However, since the subject apartment is rent stabilized and since...

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