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78/79 YORK ASSOCS. v. RAND

Supreme Court, Appellate Term, First Department
Apr 19, 1999
180 Misc. 2d 316 (N.Y. App. Term 1999)

Opinion

April 19, 1999

Appeal from the Civil Court of the City of New York, New York County (Timmie Erin Elsner, J.).

Amsterdam Lewinter, New York City ( Mark Lewinter and Charles J. Seigel of counsel), and Pennisi, Daniels Norelli, L. L. P., Baldwin ( Karen Schwartz-Sidrane and Sherrie Taylor of counsel), for appellant.

Jeffrey S. Ween Associates, New York City ( Jeffrey S. Ween of counsel), for respondent.

Marcia P. Hirsch, New York City ( Martin B. Schneider of counsel), for New York State Division of Housing Community Renewal, amicus curiae.


Order dated January 28, 1998 affirmed, with $10 costs.

Tenant's rent overcharge counterclaim, interposed in October 1995, is not barred under amended CPLR 213-a or amended Rent Stabilization Law of 1969 (Administrative Code of City of NY) § 26-516 (a). Those statutes preclude examination of the rental history of the housing accommodation prior to the four-year period immediately preceding the filing of a complaint or commencement of an action. The instant counterclaim does not seek inquiry into the legality of rent increases prior to the four-year period since it is challenging the amount of rent ($750) set forth in landlord's July 1992 registration statement ( cf., Zafra v. Pilkes, 245 A.D.2d 218; Theoharidou v. Newgarden, 176 Misc.2d 97). The rent registration statement in effect four years prior to the interposition of tenant's claim set forth a legal rent of $267.45. Accordingly, tenant is entitled to recover any overcharges paid within four years of its October 1995 claim.

FREEDMAN, J. P., and DAVIS, J., concur.


Summaries of

78/79 YORK ASSOCS. v. RAND

Supreme Court, Appellate Term, First Department
Apr 19, 1999
180 Misc. 2d 316 (N.Y. App. Term 1999)
Case details for

78/79 YORK ASSOCS. v. RAND

Case Details

Full title:78/79 YORK ASSOCIATES, Appellant, v. ROLAND RAND, Respondent

Court:Supreme Court, Appellate Term, First Department

Date published: Apr 19, 1999

Citations

180 Misc. 2d 316 (N.Y. App. Term 1999)
691 N.Y.S.2d 875

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