Delaj v. Bronx Park East Housing, Inc.

Appellate Division of the Supreme Court of New York

Delaj v. Bronx Park East Housing, Inc.

117 A.D.3d 546, 985 N.Y.S.2d 562

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 15, 2014

StatusPublished

This text of 117 A.D.3d 546 (Delaj v. Bronx Park East Housing, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Delaj v. Bronx Park East Housing, Inc., 117 A.D.3d 546, 985 N.Y.S.2d 562 (N.Y. Ct. App. 2014).

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Opinion

Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered on or about July 15, 2013, which, insofar as appealed from, denied plaintiffs’ motion for treble damages upon the finding of a rent overcharge, unanimously reversed, on the law, without costs, the motion granted, and the case remanded for the imposition of treble damages.

Defendant made no effort to rebut the presumption of wilfulness arising from the finding that it overcharged plaintiffs for rent during the 30 months ending July 31, 2012 (see Rent Stabilization Law of 1969 [Administrative Code of City of NY] § 26-516 [a]; see e.g. Matter of 10th St. Assoc., LLC v New York State Div. of Hous. & Community Renewal, 110 AD3d 605, 605 [1st Dept 2013]). Indeed, defendant did not deny that it continued to overcharge plaintiffs after a prior court order had determined the correct legal rent.

Concur—Mazzarelli, J.E, Andrias, DeGrasse, Manzanet-Daniels and Feinman, JJ.

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Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered on or about July 15, 2013, which, insofar as appealed from, denied plaintiffs’ motion for treble damages upon the finding of a rent overcharge, unanimously reversed, on the law, without costs, the motion granted, and the case remanded for the imposition of treble damages.

Defendant made no effort to rebut the presumption of wilfulness arising from the finding that it overcharged plaintiffs for rent during the 30 months ending July 31, 2012 (see Rent Stabilization Law of 1969 [Administrative Code of City of NY] § 26-516 [a]; see e.g. Matter of 10th St. Assoc., LLC v New York State Div. of Hous. & Community Renewal, 110 AD3d 605, 605 [1st Dept 2013]). Indeed, defendant did not deny that it continued to overcharge plaintiffs after a prior court order had determined the correct legal rent.

Concur—Mazzarelli, J.E, Andrias, DeGrasse, Manzanet-Daniels and Feinman, JJ.

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Bluebook (online)

117 A.D.3d 546, 985 N.Y.S.2d 562, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delaj-v-bronx-park-east-housing-inc-nyappdiv-2014.