Opinion
No. 570872/11.
2012-04-19
PS 157 LOFTS LLC and 327 St. Nicholas LLC as tenants in common, Petitioner–Landlord–Appellant, v. Steven McCADNEY, Respondent–Tenant–Respondent, “John Doe & /or Jane Doe,” Undertenants.
Landlord appeals from an order of the Civil Court of the City of New York, New York County (Bruce E. Scheckowitz, J.), dated June 3, 2010, which granted tenant's motion to dismiss the petition in a nonpayment summary proceeding.
Present: HUNTER, JR., J.P., SHULMAN, TORRES, JJ.
PER CURIAM.
Order (Bruce E. Scheckowitz, J.), affirmed, with $10 costs, for the reasons stated by Bruce E. Scheckowitz, J. at Civil Court.
We agree that the prior unchallenged DHCR orders fixing the lawful rent for the demised stabilized apartment premises are not subject to collateral attack in the context of this nonpayment summary proceeding ( see Klaus v. Joy, 85 A.D.2d 603 [1981];Thelma Realty Co. v. Harvey, 150 Misc.2d 303, 305–306 [2001] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.