Case Type

Rent Overcharge

Housing Type

Market Rate

Court

Supreme Court of the State of New York

County

New York County (Manhattan)

L&T / Index / Case / Docket / Clerk's Number

155879/2020

Slip Opinion Number

2022 NY Slip Op 30165(U)

Petitioner

DWIGHT SEGALL

Respondent

290 W12 LLC

Judge

Nervo, Frank P.

Decision/Order Date

2022-01-20

Posture

Post-answer Motion by Landlord

Disposition

Case Dismissed/Discontinued

Winner

Landlord Substantially Won

Synopsis

Tenant petitioner accused landlord respondent of fraud for rent overcharge and seeks lookback beyond 4 years. LL claims apt renovations done in 2006 were sufficient to remove it from rent stabilization, and further submits records for $70,490.51 improvements from 2015-16. Court grants LL motion for summary judgment dismissing the action as the latter entitles removal from rent stabilization irrespective of the 2006 improvements/renovations.

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