10 Cited authorities

  1. Roberts v. Tishman Speyer Properties

    2009 N.Y. Slip Op. 7480 (N.Y. 2009)   Cited 371 times
    In Roberts, this Court rejected DHCR's long-standing statutory interpretation and concluded that luxury deregulation was unavailable in any building during receipt of J–51 benefits (13 N.Y.3d at 285–287, 890 N.Y.S.2d 388, 918 N.E.2d 900).
  2. Grimm v. State

    2010 N.Y. Slip Op. 7379 (N.Y. 2010)   Cited 244 times
    Vacating DHCR's denial of overcharge petition and remanding to consider fraud allegations and the reliability of the base date rent where the landlord had significantly increased the rent, offered leases without a rent stabilization rider, required tenants to make improvements at their own expense or pay increased rent, and failed to register the apartment for several years until after service of the complaint
  3. Thornton v. Baron

    5 N.Y.3d 175 (N.Y. 2005)   Cited 202 times
    Finding that tenants alleging rent overcharge may evaluate documents exceeding four-year statute of limitations implemented by RSC § 26-516 to prevent landlord's fraud
  4. Jemrock Realty Co. v. Krugman

    72 A.D.3d 438 (N.Y. App. Div. 2010)   Cited 12 times

    Nos. 4136, 4137. April 6, 2010. Upon remittitur from the Court of Appeals ( 13 NY3d 924), the order of the Appellate Term of the Supreme Court of the State of New York, First Department, entered on or about December 4, 2007, in effect, modifying the order of Civil Court, New York County (Jean T. Schneider, J.), entered on or about September 29, 2006, which, after a nonjury trial, directed judgment in respondent tenant's favor in the amount of $37,847.92, to the extent of awarding possession of the

  5. Ruiz v. Chwatt Associates

    247 A.D.2d 308 (N.Y. App. Div. 1998)   Cited 24 times

    February 24, 1998 Appeal from the Supreme Court, New York County (Carol Arber, J.). As the trial court held, the typewritten rider to the lease, providing that the subject apartment was to be used "for the practice of medicine only", controls over the irreconcilable preprinted clause, providing that the apartment was to be used by the tenant and the tenant's family "as a strictly private dwelling apartment" ( see, Poel v. Brunswick-Balke-Collender Co., 216 N.Y. 310, 322). This rider, together with

  6. Heller v. Middagh Street Associates

    4 A.D.3d 332 (N.Y. App. Div. 2004)   Cited 14 times
    In Heller v. Middagh Street Assoc., 4 AD3d 332, 771 NYS2d 533 (2nd Dep't 2004), the tenant commenced an action for breach of contract claiming that by attaching rent stabilization riders to certain leases, and by tendering renewal leases using rent stabilization forms, the landlord contractually agreed to subject the tenant's apartment to rent stabilization.
  7. 506 W. 150TH St., LLC v. Prier

    36 Misc. 3d 1201 (N.Y. Civ. Ct. 2012)   Cited 2 times

    No. L & T 062761/12. 2012-06-22 506 WEST 150TH STREET, LLC & Eton 102 LLC as Tenant in Common, Petitioners–Landlord v. Keondra PRIER, Respondent–Tenant. Rappaport, Hertz, Cherson & Rosenthal PC, Forest Hills, for Petitioner. Keondra Prier, New York, Respondent Pro Se. SABRINA B. KRAUS Rappaport, Hertz, Cherson & Rosenthal PC, Forest Hills, for Petitioner. Keondra Prier, New York, Respondent Pro Se. SABRINA B. KRAUS, J. BACKGROUND This summary nonpayment proceeding was commenced by 506 WEST 150TH

  8. Martin v. Broadway Sky, LLC

    2012 N.Y. Slip Op. 30059 (N.Y. Sup. Ct. 2012)

    INDEX NO. 102551/11 01-09-2012 MAYA MARTIN, Plaintiffs, v. BROADWAY SKY, LLC, Defendants. DONNA MILLS , J.: Plaintiff Maya Martin moves for a default judgment based on defendant's failure to timely respond to the complaint. Defendant Broadway Sky, LLC cross-moves for an order: (i) pursuant to CPLR 3012(d) compelling plaintiff to accept defendant's verified answer, and (ii) pursuant to RPL § 220 requiring defendant to pay use and occupancy from March 2001 until the conclusion of this matter at the

  9. Sage Franklin LLC v. Cameron

    10 Misc. 3d 1069 (N.Y. Misc. 2005)   Cited 2 times

    December 13, 2005. Fiorella, J. Landlord and Tenant — Rent Regulation — Fraud. Limitation of Actions — Four-Year Statute of Limitations.

  10. Clearwater Realty v. Yonac

    8 Misc. 3d 115 (N.Y. App. Term 2005)   Cited 2 times

    25243. June 15, 2005. APPEAL from a judgment of the Civil Court of the City of New York, Queens County (Ulysses Leverett, J.), entered January 7, 2003. The judgment, after a nonjury trial, awarded possession and $550.15 to petitioner in a nonpayment summary proceeding. Kossoff Alper Unger, New York City ( Sally E. Unger of counsel), for appellant. PESCE, P.J., PATTERSON and GOLIA, JJ., concur. OPINION OF THE COURT MEMORANDUM. Final judgment unanimously modified by increasing the award to landlord