Case Type
Overcharge
Housing Type
Rent Stabilized
Court
Appellate Division; First Department
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
151342/21
Slip Opinion Number
2025 NY Slip Op 05625
Petitioner
Leena Charlton
Respondent
92 Pinehurst Avenue LLC
Judge
Manzanet-Daniels; Moulton; González; Rosado; Chan
Decision/Order Date
2025-10-14
Posture
Post-answer Motion by Landlord
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In a rent overcharge action where the tenant seeks treble damages for alleged willful overcharges; the Appellate Division; First Department; affirmed the denial of the landlord's motion to substitute its successor-in-interest as the sole defendant. The court held that substituting the successor would prejudice the tenant by introducing new factual issues regarding the successor's knowledge of the overcharge; potentially diminishing recoverable damages. The decision ensures the original landlord remains a party to maintain liability for willful conduct; thereby securing the tenant's potential recovery.
Keywords
Rent Overcharge; Motion to Substitute New Landlord Denied
Recommended Citation
"Charlton v. 92 Pinehurst Ave. LLC" (2025). All Decisions. 1995.
https://ir.lawnet.fordham.edu/housing_court_all/1995
