Matter of 789 St. Marks Rlty. Corp. v. Commr

Full title: In the Matter of 789 ST. MARKS REALTY CORP., Appellant, v. COMMISSIONER OF…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Sep 22, 1997

242 A.D.2d 634 (N.Y. App. Div. 1997)

664 N.Y.S.2d 754

Opinion

September 22, 1997

Appeal from the Supreme Court, Kings County (Garry, J.).

Ordered that the judgment is modified, on the law, by deleting the provision thereof which denied that branch of the petition which was to annul so much of the determination as found the petitioner subject to a treble damages penalty and substituting therefor a provision granting that branch of the petition; as so modified, the judgment is affirmed, without costs or disbursements.

Under the circumstances of this case, the landlord's erroneous rent computations were not willful within the meaning of the Rent Stabilization Code ( 9 NYCRR 2526.1 [a] [1]; [f] [2]), and thus do not warrant treble damages ( see, Matter of Mott v. New York State Div. of Hous. Community Renewal, 202 A.D.2d 354; Matter of Nagobich v. New York State Div. of Hous. Community Renewal, 200 A.D.2d 388).

Rosenblatt, J.P., Sullivan, Pizzuto and Friedmann, JJ., concur.