78/79 York Associates v. Rand

Appellate Terms of the Supreme Court of New York

78/79 York Associates v. Rand

180 Misc. 2d 316, 691 N.Y.S.2d 875, 1999 N.Y. Misc. LEXIS 199

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 19, 1999

StatusPublished

Cited by4 cases

This text of 180 Misc. 2d 316 (78/79 York Associates v. Rand) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

78/79 York Associates v. Rand, 180 Misc. 2d 316, 691 N.Y.S.2d 875, 1999 N.Y. Misc. LEXIS 199 (N.Y. Ct. App. 1999).

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Opinion

OPINION OF THE COURT

Per Curiam.

Order dated January 28, 1998 affirmed, with $10 costs.

Tenant’s rent overcharge counterclaim, interposéd in October 1995, is not barred under amended CPLR 213-a or amended Rent Stabilization Law of 1969 (Administrative Code of City of NY) § 26-516 (a). Those statutes preclude examination of the rental history of the housing accommodation prior to the four-year period immediately preceding the filing of a complaint or commencement of an action. The instant counterclaim does not seek inquiry into the legality of rent increases prior to the four-year period since it is challenging the amount of rent ($750) set forth in landlord’s July 1992 registration statement (cf., Zafra v Pilkes, 245 AD2d 218; Theoharidou v Newgarden, 176 Misc 2d 97). The rent registration statement in effect four years prior to the interposition of tenant’s claim set forth a legal rent of $267.45. Accordingly, tenant is entitled to recover any overcharges paid within four years of its October 1995 claim.

Freedman, J. P., and Davis, J., concur.

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OPINION OF THE COURT

Per Curiam.

Order dated January 28, 1998 affirmed, with $10 costs.

Tenant’s rent overcharge counterclaim, interposéd in October 1995, is not barred under amended CPLR 213-a or amended Rent Stabilization Law of 1969 (Administrative Code of City of NY) § 26-516 (a). Those statutes preclude examination of the rental history of the housing accommodation prior to the four-year period immediately preceding the filing of a complaint or commencement of an action. The instant counterclaim does not seek inquiry into the legality of rent increases prior to the four-year period since it is challenging the amount of rent ($750) set forth in landlord’s July 1992 registration statement (cf., Zafra v Pilkes, 245 AD2d 218; Theoharidou v Newgarden, 176 Misc 2d 97). The rent registration statement in effect four years prior to the interposition of tenant’s claim set forth a legal rent of $267.45. Accordingly, tenant is entitled to recover any overcharges paid within four years of its October 1995 claim.

Freedman, J. P., and Davis, J., concur.

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Bluebook (online)

180 Misc. 2d 316, 691 N.Y.S.2d 875, 1999 N.Y. Misc. LEXIS 199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/7879-york-associates-v-rand-nyappterm-1999.

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