Case Type
Overcharge
Housing Type
Other
Court
Appellate Division, First Department
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
156920/19
Slip Opinion Number
2025 NY Slip Op 03295
Petitioner
Maria Nazor
Respondent
Sydney Sol Group, Ltd., Shimon Milul
Judge
Manzanet-Daniels, J.P.; González, J.; Mendez, J.; Pitt-Burke, J.; Rosado, J.
Decision/Order Date
2025-06-03
Posture
Post-answer Motion by Landlord
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In this loft tenant action, the court modified the lower court's order, reinstating claims for rent overcharge, unjust enrichment, and breach of warranty of habitability. The court held that court-ordered use and occupancy payments are not "voluntarily paid" rent under MDL § 302(b), allowing these claims to proceed in a related action. The court also reinstated a claim for accounting of the security deposit and attorneys' fees, finding the landlord failed to prove non-commingling. However, claims for harassment, retaliatory eviction, and constructive eviction were dismissed.
Recommended Citation
"Nazor v. Sydney Sol Group, Ltd." (2025). All Decisions. 1817.
https://ir.lawnet.fordham.edu/housing_court_all/1817
