Opinion
2013-02-19
338 W. 46TH STREET REALTY, LLC, Petitioner–Respondent, v. George MORTON, et al., Respondents–Appellants.
Bierman & Palitz, LLP, New York (Mark H. Bierman of counsel), for appellants. Daniel R. Miller, Brooklyn, for respondent.
Bierman & Palitz, LLP, New York (Mark H. Bierman of counsel), for appellants. Daniel R. Miller, Brooklyn, for respondent.
Order of the Appellate Term of the Supreme Court, First Department, entered on or about July 15, 2011, which, to the extent appealed from, modified an amended order of Civil Court, New York County (Gary F. Marton, J.), entered on or about October 7, 2009, to reduce the amount of attorneys' fees awarded to respondents, unanimously affirmed, without costs.
Notwithstanding that the proceeding before the Division of Housing & Community Renewal (DHCR) was related to the summary possession proceeding, Real Property § 234 is not applicable to the DHCR proceeding, and respondents are not entitled to attorneys' fees incurred therein ( see Matter of Blair v. New York State Div. of Hous. & Community Renewal, 96 A.D.3d 687, 946 N.Y.S.2d 865 [1st Dept. 2012] ).