Case Type
Rent Overcharge
Housing Type
Rent Stabilized
Court
Appellate Division, First Department
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
161365/20
Slip Opinion Number
2026 NY Slip Op 06016
Petitioner
Bradford Parker, et al.
Respondent
66 St. Nicholas Place, LLC
Judge
Webber, J.P., Friedman, Kapnick, Pitt-Burke, JJ.
Decision/Order Date
2026-10-15
Posture
Post-Answer Motion by Landlord
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
App Div 1st modified a substitution order in a rent overcharge action by directing that the new building owner be joined as an additional defendant rather than substituted for the original. Substitution under CPLR 1021 was prejudicial to tenants because it would require obtaining discovery from the former owner — alleged to have engaged in fraudulent IAI-based deregulation — as a nonparty, impeding the ability to prove knowing fraud. Carryover liability under RSC § 2526.1(f)(2)(i) prevents current owners from evading predecessors' overcharge liability, but joinder under CPLR 1018 preserves both defendants in the action.
Keywords
Fraudulent Deregulation; IAI Fraud; Rent Overcharge; Newcastle Management; New Landlord Joined Under CPLR 1018 Instead of Substituted for Old Landlord Under CPLR 1021; Substitution Would Prejudice Tenants
Recommended Citation
"Parker v. 66 St. Nicholas Place, LLC" (2026). All Decisions. 2525.
https://ir.lawnet.fordham.edu/housing_court_all/2525
