Case Type

Rent Overcharge

Housing Type

Rent Stabilized

Court

Appellate Division, Second Department

County

Kings County (Brooklyn)

Slip Opinion Number

2026 NY Slip Op 06093

Petitioner

Kyle Connors, et al.

Respondent

Kushner Companies, LLC, et al.

Judge

Genovesi, Lara J.; Ford, William G.; Voutsinas, Helen; Golia, Donna-Marie E.; Montelione (Sup Ct, lower court)

Decision/Order Date

2026-10-21

Posture

Post-Answer Motion by Tenant

Disposition

Motion Granted for Landlord

Winner

Landlord Substantially Won

Synopsis

App Div 2nd affirms Supreme Court (Montelione, J.) denying tenants' motion to amend their complaint in this rent overcharge class action. Tenants sought to amend based on a change in the law, but the court holds that a change in law is grounds for a motion to renew, not amendment of the complaint. In any event, tenants' argument was "patently devoid of merit."

Keywords

Motion To Amend Complaint Denied; A Change In The Law Warrants A Motion To Renew, Not Amendment Of The Complaint; Pleadings Will Not Be Amended Where Proposed Changes Are Patently Devoid Of Merit

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