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

161037/2020

Slip Opinion Number

2024 NY Slip Op 31190(U)

Petitioner

Bianca Mlotok

Respondent

63 Company LLC, Digby Management Company LLC

Judge

Headley, Lisa S.

Decision/Order Date

2024-04-08

Posture

Post-answer Motion by Tenant

Disposition

Motion Granted for Landlord

Winner

Landlord Substantially Won

Synopsis

In this case, the landlord seeks partial summary judgment to dismiss the tenant's claims of rent stabilization and willful rent overcharge. The court grants the landlord's motion, finding that the apartment was lawfully deregulated due to the expiration of J-51 tax benefits and individual apartment improvements. The court also allows the landlord to amend its counterclaim for unpaid rent, ultimately awarding the landlord $9,040.00 in rent owed.

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