Case Type

Overcharge

Housing Type

Rent Stabilized

Court

Supreme Court of the State of New York

County

New York (Manhattan)

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

152051/2020

Slip Opinion Number

2024-NY-slip-op-31296(U)

Petitioner

Berton Rose and Marietta Hale

Respondent

Gazivoda 118 LLC

Judge

Chan, Margaret A.

Decision/Order Date

2024-04-12

Posture

Post-answer Motion by Tenant

Disposition

Case Dismissed

Winner

Mixed

Synopsis

The court ruled that the tenant's apartment is rent-stabilized, but the tenant failed to establish a fraudulent scheme to recover rent overcharges from a period outside the legal timeframe. The court also dismissed the landlord's counterclaims.

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