Case Type

Overcharge

Holdover Type

Rent Stabilized

Court

Supreme Court of the State of New York

County

New York (Manhattan)

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

155200/2016

Slip Opinion Number

2018 N.Y. Slip Op. 31234

Petitioner

Leon Tovar and Maria Tovar

Respondent

Adam's Tower Limited Partnership

Judge

Billings, Lucy J.

Decision/Order Date

2018-06-18

Posture

Post-answer Motion by Tenant

Disposition

Partial Judgment for Tenant

Winner

Tenant Substantially Won

Synopsis

Tenant claimed their rent-stabilized apartment was illegally deregulated and sought rent overcharges. The court agreed and awarded them overcharges for a four-year period. The court also allowed their claim for breach of warranty of habitability to proceed but dismissed their claims for constructive eviction and partial actual eviction.

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