Opinion
570587/10.
Decided April 28, 2011.
Tenant appeals from a final judgment of the Civil Court of the City of New York, New York County (Peter M. Wendt, J.), entered June 25, 2010, after a nonjury trial, which awarded landlord possession and a recovery of rent arrears in the principal sum of $18,728 in a nonpayment summary proceeding.
Final judgment (Peter M. Wendt, J.), entered June 25, 2010, affirmed, with $10 costs.
PRESENT: Hunter, Jr., J.P., Schoenfeld, Torres, JJ.
Landlord demonstrated its entitlement to recover major capital improvement rent increases sought in the instant nonpayment summary proceeding, based on the prior orders issued by the New York State Division of Housing and Community Renewal (DHCR). In the absence of a CPLR article 78 proceeding, the DHCR orders are accorded preclusive effect, and Civil Court possesses no statutory authority to review their merits ( see Rent Stabilization Code [9 NYCRR] Part 2529, § 2530.1; Dara Realty Assoc. v Schachter, 194 Misc 2d 29, 30). On this record, and considering the protracted litigation history between these parties, we find no merit to tenant's affirmative defense of laches ( see Cohen v Krantz, 227 AD2d 581, 582; Dwyer v Mazzola, 171 AD2d 726, 727).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.