SMITH v. IG SECOND GENERATION PARTNERS

Defendants' failure to timely challenge plaintiff's use of CPLR 3213 to enforce DHCR's order precludes our consideration of such challenge ( see P. Ballantine Sons v. Boston Celtics Basketball Club, 36 AD2d 914). Because plaintiff was obliged to commence a plenary action to enforce DHCR's order, attorneys' fees and interest were authorized ( see Paganuzzi v. Primrose Mgt. Co., 268 AD2d 213), and, under the circumstances, plaintiff was not obliged to offset her recovery by means of a rent abatement prior to commencing a plenary action ( see Msibi v. JRD Mgt. Corp., 154 Misc 2d 293). Nor was the methodology used to compute attorneys' fees improper ( see Matter of New York Convention Ctr. Dev. Corp. [Recycling for Hous. Partnership], 234 AD2d 167). We have considered defendants' remaining contentions and find them unavailing.