Case Type
Non-payment
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
331361-24/KI
Petitioner
Eva Stern 500 LLC
Respondent
George Williams
Judge
Weisberg, Michael L.
Decision/Order Date
2026-07-08
Posture
Post-Judgment Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In this nonpayment proceeding, the court granted tenant's motion for leave to reargue a prior decision denying summary judgment on tenant's rent overcharge counterclaim. Upon reargument, the court found it had overlooked binding precedent from Matter of North Carolina Leasing Corp. v New York State Div. of Hous. & Community Renewal, 156 AD2d 452 (2d Dept 1989), establishing that an overcharge may result from an owner charging less than the maximum permitted rent. Summary judgment was granted to tenant on the overcharge claim and the petition was dismissed.
Keywords
Reargument Granted; Rent Overcharge Found; Prior Decision Reversed
Recommended Citation
"Eva Stern 500, LLC v. Williams" (2026). All Decisions. 2323.
https://ir.lawnet.fordham.edu/housing_court_all/2323
