SMITH v. IG SECOND GENERATION PARTNERS


27 A.D.3d 265 (2006)

809 N.Y.S.2d 910

IRENE B. SMITH, Respondent, v. IG SECOND GENERATION PARTNERS, L.P., et al., Appellants.

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

March 9, 2006.


Defendants' failure to timely challenge plaintiff's use of CPLR 3213 to enforce DHCR's order precludes our consideration of such challenge (see P. Ballantine & Sons v Boston Celtics Basketball Club, 36 A.D.2d 914 [1971]). Because plaintiff was obliged to commence a plenary action to enforce DHCR's order, attorneys' fees and interest were authorized (see Paganuzzi v Primrose Mgt. Co., 268 A.D.2d 213

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