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Direnna v. Christensen

Appellate Division of the Supreme Court of New York, First Department
Dec 30, 2008
57 A.D.3d 408 (N.Y. App. Div. 2008)

Opinion

No. 4916.

December 30, 2008.

Order, Supreme Court, New York County (Milton A. Tingling, J), entered July 14, 2008, which, in an action alleging unlawful rent overcharges, denied defendant's motion pursuant to CPLR 3211 (a) (5) to dismiss the amended complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of defendant dismissing the amended complaint.

David E. Frazer, New York, for appellant.

Before: Lippman, P.J., Gonzalez, Nardelli, Buckley and Acosta, JJ.


Plaintiff subtenant's action is time-barred since the first over-charge alleged by him occurred in April 2003 and this action was not commenced until September 2007 ( see Mozes v Shanaman, 21 AD3d 854, lv denied 6 NY3d 715; CPLR 213-a). Plaintiff may not avoid the applicable four-year statute of limitations by amending his complaint to withdraw his claim for earlier months of rent overcharge ( see e.g. Reddington v Staten Is. Univ. Hosp., 11 NY3d 80, 87-88; Bones v Prudential Fin., Inc., 54 AD3d 589).


Summaries of

Direnna v. Christensen

Appellate Division of the Supreme Court of New York, First Department
Dec 30, 2008
57 A.D.3d 408 (N.Y. App. Div. 2008)
Case details for

Direnna v. Christensen

Case Details

Full title:FATRICK DIRENNA, Respondent, v. PAUL P. CHRISTENSEN, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 30, 2008

Citations

57 A.D.3d 408 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 10198
869 N.Y.S.2d 505

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