Raynier v 159 Eluji Assoc., LLC
2012 NY Slip Op 01508 [92 AD3d 617]
February 28, 2012
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 28, 2012


Laara Raynier, Appellant,
v
159 Eluji Associates, LLC, Respondent.

—[*1] 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]). Concur—Mazzarelli, J.P., Andrias, Catterson, Abdus-Salaam and Manzanet-Daniels, JJ.