Case Type

Overcharge

Housing Type

See Decision

Court

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT

County

Kings County (Brooklyn)

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

2018-114 K C

Slip Opinion Number

2019 NY Slip Op 29379

Petitioner

97-101 Realty, LLC

Respondent

Escarleth Sanchez

Judge

PESCE, MICHAEL L., P.J., WESTON, MICHELLE, SIEGAL, BERNICE D., JJ

Decision/Order Date

2019-11-29

Synopsis

Reversing Scheckowitz who found that stipulations setting the legal rent in prior proceedings were entitled to preclusive effect and that LL was thus entitled to SJ on T's overcharge defense. Ct finds HSTPA now merits broader inquiry, and that stips agreeing to unlawful rent are not binding.

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