Case Type
Overcharge
Housing Type
Rent Stabilized
Court
Supreme Court of the State of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
160550/2017
Slip Opinion Number
2024 NY Slip Op 31883(U)
Petitioner
KEN MONTERA, on behalf of himself and all others similarly situated
Respondent
KMR Amsterdam LLC
Judge
Hagler, Shlomo S
Decision/Order Date
2024-05-29
Posture
Post-answer Motion by Tenant and Landlord
Disposition
Motion Granted in Part and Denied in Part
Winner
Other
Synopsis
Tenant sued landlord for rent overcharges in a rent-stabilized apartment, alleging the landlord fraudulently deregulated the unit. The court denied both parties' summary judgment motions, finding factual issues regarding whether the landlord engaged in a fraudulent scheme to deregulate and whether the tenant can prove the elements of fraud. The court also dismissed certain of the landlord's affirmative defenses and counterclaims.
Recommended Citation
"Montera v. KMR Amsterdam LLC" (2024). All Decisions. 1593.
https://ir.lawnet.fordham.edu/housing_court_all/1593
