Wolfisch v. Mailman
This text of 182 A.D.2d 533 (Wolfisch v. Mailman) 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.
Opinion
Order, Supreme Court, New York County (Shirley Fingerhood, J.), entered September 13, 1991, which, insofar as appealed from, granted plaintiffs’ motion to dismiss the first and fourth affirmative defenses of lack of subject matter jurisdiction, unanimously affirmed, with costs.
The Supreme Court has statutory jurisdiction to entertain an action to recover a rent overcharge and power to award treble damages where the landlord fails to disprove willfulness (McKinney’s Uncons Laws of NY § 8632 [a] [1] [f| [Emergency Tenant Protection Act § 12; L 1974, ch 576, § 4, as amended]; Smitten v 56 MacDougal St. Co., 167 AD2d 205; see also, CPLR 213-a). Concur — Sullivan, J. P., Ellerin, Wallach and Rubin, JJ.
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Cite This Page — Counsel Stack
182 A.D.2d 533, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wolfisch-v-mailman-nyappdiv-1992.