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
151613/2020
Slip Opinion Number
2024 NY Slip Op 31268(U)
Petitioner
Bellavia Mauro and Wesley Morrow
Respondent
99 John Street, L.L.C.
Judge
Nock, Louis L.
Decision/Order Date
2024-04-03
Posture
Post-answer Motion by Landlord
Disposition
Motion Granted for Landlord
Winner
Landlord Substantially Won
Synopsis
The tenant sued the landlord for rent overcharge in a rent-stabilized apartment. The court ruled in favor of the landlord, finding that the landlord correctly calculated the overcharge and refunded it to the tenant, with interest. The court also dismissed the tenant's claims for treble damages and attorney's fees because there was no evidence of willful overcharge. The court awarded the landlord use and occupancy for the difference between the rent paid by the tenants and the legal rent during the pendency of the lawsuit.
Recommended Citation
"Mauro et al. v. 99 John St., LLC." (2024). All Decisions. 1475.
https://ir.lawnet.fordham.edu/housing_court_all/1475
