Matter of Dobbins v Riverview Equities Corp.

Matter of Dobbins v Riverview Equities Corp. 2009 NY Slip Op 05606 [64 AD3d 404] July 2, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, September 2, 2009

In the Matter of David F. Dobbins, Appellant,
v
Riverview Equities Corp. et al., Respondents.

—[*1] Patterson Belknap Webb & Tyler LLP, New York (Nicolas Commandeur of counsel), for appellant.

Balber Pickard Maldondo & Van Der Tuin, PC, New York (John

Van Der Tuin of counsel), for respondents.

Judgment, Supreme Court, New York County (Joan A. Madden, J.), entered January 12, 2009, denying the petition to set aside respondent cooperative corporation's riser policy as violative of paragraph 18 (a) of the proprietary lease and to obtain reimbursement of the costs of an assessment imposed pursuant thereto, and dismissing this proceeding as time-barred, unanimously affirmed, with costs.

This proceeding was untimely commenced under CPLR article 78, having been commenced more than four months after respondents' determination became final and binding upon petitioner. Concur—Gonzalez, P.J., Tom, Mazzarelli, Andrias and Saxe, JJ.