Case Type

Overcharge

Housing Type

Rent Stabilized

Court

Supreme Court, New York County

County

New York County (Manhattan)

L&T / Index / Case / Docket / Clerk's Number

Not Stated

Slip Opinion Number

2026 NY Slip Op 51403(U)

Petitioner

Tuan Mai

Respondent

SP 1143 Second LLC

Judge

Gerald Lebovits, J.

Decision/Order Date

2026-08-10

Posture

Post-Answer Motion by Tenant

Disposition

Motion Denied for Tenant

Winner

Landlord Substantially Won

Synopsis

Respondent wins summary judgment dismissing nearly all overcharge claims. Reargument denied—Burrows v 75-25 153rd St. did not require a different result since petitioner offered no evidence of fraud whatsoever. The 2012-2013 increase is explained by the Carbone renewal lease; the 2016 IAI is substantiated by contractor affidavits, design drawings, and photographs. One narrow factual dispute survives: whether the $1,032 cabinet-door component of the 2013 IAI was proper where the door count is disputed. Respondent awarded attorneys' fees as prevailing party on the central claims; parties to confer on damages amount.

Keywords

Supreme Court; Rent Overcharge; Pre-HSTPA; Four-Year Lookback Period; Indicia of Fraud Required to Look Back More Than Four Years; Rent Increase Plus Missing Registrations Insufficient Indicia of Fraud; Burrows v 75-25 153rd St; Hess v EDR Assets; IAI; Attorneys' Fees Awarded to Landlord

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