Case Type

Overcharge

Housing Type

Rent Stabilized

Court

Appellate Division, First Department

County

New York (Manhattan)

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

657182/21

Slip Opinion Number

2024 NY Slip Op 02131

Petitioner

310 East 74 LLC

Respondent

Constantin Mirea et al.

Judge

Manzanet-Daniels, J.P., Kapnick, Kennedy, Higgitt, O'Neill Levy, JJ.

Decision/Order Date

2024-04-23

Posture

Post-answer Motion by Landlord

Disposition

Motion Granted for Landlord

Winner

Landlord Substantially Won

Synopsis

The tenant challenged rent overcharges dating back to 2001, but the court ruled in favor of the landlord because claims are limited to four years and the tenant couldn't prove fraudulent deregulation to use pre-four-year evidence. Decision based upon Burrows.

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