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MATTER OF BLAIR v. NEW YORK STATE DIV. OF HOUS. & COMMUNITY RENEWAL

8051N, 260724/09.

96 A.D.3d 687 (2012)

946 N.Y.S.2d 865

2012 NY Slip Op 5254

In the Matter of DWIGHT BLAIR, Respondent, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent, and CONCOURSE VILLAGE, INC., Appellant.

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

June 28, 2012.

Real Property Law § 234 provides for a reciprocal right to attorney's fees where a residential lease authorizes such fees in favor of the landlord "in any action or summary proceeding." Because this provision does not apply to either administrative proceedings or proceedings brought pursuant to CPLR article 78 (see Matter of Chessin v New York City Conciliation & Appeals Bd., 100 A.D.2d 297, 306 [1984]), petitioner is not...

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