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SCHUETTE v. BROOKFORD LLC

Index No. 152993/19. Appeal No. 14786. Case No. 2020-03376.

200 A.D.3d 479 (2021)

155 N.Y.S.3d 76

2021 NY Slip Op 06821

Margaret Schuette, Appellant, v. Brookford LLC, Respondent.

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

Decided December 7, 2021.

Attorney(s) appearing for the Case

Sokolski & Zekaria, P.C., New York ( Mark Davies of counsel), for appellant.

Rosenberg & Estis, P.C., New York ( Jeffrey Turkel of counsel), for respondent.

Concur—Acosta, P.J., Gische, Webber, Friedman, Kennedy, JJ.

The complaint fails to state a cause of action for attorneys' fees under Real Property Law § 234, as the statute does not provide for attorneys' fees under these circumstances. Our well-established precedent holds that DHCR proceedings, such as the one that defendant commenced here, do not trigger the reciprocal provisions of Real Property Law § 234 because "[a]n administrative proceeding is not an action" (Matter of Chessin v New York City Conciliation &...

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