Raynier v 159 Eluji Assoc., LLC

Raynier v 159 Eluji Assoc., LLC 2012 NY Slip Op 01508 Decided on February 28, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 28, 2012
Mazzarelli, J.P., Andrias, Catterson, Abdus-Salaam, Manzanet-Daniels, JJ.
6929 111901/09

[*1]Laara Raynier, Plaintiff-Appellant,

v

159 Eluji Associates, LLC, Defendant-Respondent.




Adam Leitman Bailey, P.C., New York (Jeffrey R. Metz of
counsel), for appellant.
Roger D. Olson, New York, for respondent.

Order, Supreme Court, New York County (Doris Ling-Cohan, J.), entered July 1, 2011, which, upon converting defendant's motion to dismiss the complaint pursuant to CPLR 3211 to one for summary judgment pursuant to CPLR 3212, granted defendant's motion and dismissed the complaint, unanimously affirmed, without costs.

The motion court correctly determined that neither Real Property Law § 234 nor the plain terms of the lease provided for recovery of attorneys' fees incurred as a result of an administrative application before the New York State Division of Housing and Community Renewal (see e.g. Matter of Chessin v New York City Conciliation & Appeals Bd., 100 AD2d 297, 305-306 [1984]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: FEBRUARY 28, 2012

CLERK