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Lirakis v. 180 Seventh Ave. Assoc. LLC

Appellate Term of the Supreme Court of New York, First Department
Dec 8, 2005
2005 N.Y. Slip Op. 51999 (N.Y. App. Term 2005)

Opinion

Nos. 570518/04, 04-342.

Decided December 8, 2005.

Plaintiff appeals from an order of the Civil Court, New York County (Donna Recant J.), dated April 29, 2004, which granted defendant's motion to dismiss the complaint.

Order (Donna Recant, J.), dated April 29, 2004, reversed, with $10 costs, motion denied, and complaint reinstated.

PRESENT: Suarez, P.J., Davis, Gangel-Jacob, JJ., Justices.


Civil Court erred in dismissing the plaintiff-tenant's overcharge claim without prejudice to renewal before DHCR. Tenant was authorized to pursue the rent overcharge complaint in Civil Court, which has concurrent jurisdiction to adjudicate rent overcharge complaints ( see Emergency Tenant Protection Act § 12 [L 1974, ch 576 § 4, as amended]; McKinney's Uncons Laws of NY § 8632[a][1][f]; Smitten v. 56 MacDougal St., 167 AD2d 205, 206). This is a rent overcharge proceeding, and not, as landlord contended, a fair market rent appeal.

To the extent that landlord contests the rental history provided by tenant or the rent regulatory status of the apartment during the relevant four-year period of inquiry, these issues are properly addressed in further proceedings within this action.

This constitutes the decision and order of the court.


Summaries of

Lirakis v. 180 Seventh Ave. Assoc. LLC

Appellate Term of the Supreme Court of New York, First Department
Dec 8, 2005
2005 N.Y. Slip Op. 51999 (N.Y. App. Term 2005)
Case details for

Lirakis v. 180 Seventh Ave. Assoc. LLC

Case Details

Full title:ISABELLE LIRAKIS, Plaintiff-Appellant, v. 180 SEVENTH AVENUE ASSOCIATES…

Court:Appellate Term of the Supreme Court of New York, First Department

Date published: Dec 8, 2005

Citations

2005 N.Y. Slip Op. 51999 (N.Y. App. Term 2005)