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OBISPO v. 423 MADISON AVENUE L.L.C.

3738, 100761/08.

82 A.D.3d 680 (2011)

920 N.Y.S.2d 328

FABIAN OBISPO, Appellant, v. 423 MADISON AVENUE L.L.C., et al., Respondents.

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

Decided March 31, 2011.

The motion court correctly found that this plenary action to enforce a fair market rent appeal (FMRA) order is barred by the six-year statute of limitations (see CPLR 213 [1]; see also Sciarra v 531 E. 83rd St. Owners Corp., 8 A.D.3d 159, 160 [2004]). Plaintiff's argument that the 20-year period in CPLR 211 (b) should apply in this case because the court is essentially being asked to undertake a ministerial act by issuing...

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