A tenant compelled to bring a plenary action to enforce a fair market rent appeal order is entitled to attorneys' fees under Real Property Law § 234 and prejudgment interest under CPLR 5001(a) computed from the date of the Rent Administrator's order (Paganuzzi v. Primrose Mgt. Co., 268 A.D.2d 213, 2000 N.Y. App. Div. LEXIS 12). The landlord's argument that it is entitled to an offset for the amount of rent the tenant withheld in an effort to recoup the DHCR award was first raised in its motion for reargument, and, since no appeal lies from an order denying reargument (Deshler v. East West Renovators, 259 A.D.2d 351), the issue is not preserved for appellate review (see , Mount Vernon Fire Ins. Co. v. William Georgia Corp., 194 A.D.2d 366). In any event, it is clear that the tenant withheld rent not in an attempt to recoup the DHCR award but rather in connection with two rent strikes.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.