Opinion
1396
June 12, 2003.
Order, Supreme Court, New York County (Edward Lehner, J.), entered November 21, 2002, which denied defendant's motion for summary judgment dismissing the complaint in this residential rent overcharge action as time-barred pursuant to CPLR 213-a, unanimously affirmed, with costs.
Seth A. Miller, for plaintiff-respondent.
Abraham Wax, for defendant-appellant.
Before: Andrias, J.P., Saxe, Sullivan, Ellerin, JJ.
Plaintiff's overcharge action, premised upon the base rent (see Matter of Silver v. Lynch, 283 A.D.2d 213, 214) for the subject apartment indicated on the registration statement filed by defendant with the Division of Housing and Community Renewal on July 28, 1997, is not time-barred pursuant to CPLR 213-a. Inasmuch as the overcharge action was commenced on July 9, 2001, the July 28, 1997 rent registration filing fell within CPLR 213-a's four-year limitation period. As the motion court observed, there is nothing to indicate that the rent registered as of July 28, 1997 was not the rent then being paid by a tenant in possession (cf. Matter of McCarthy v. New York State Div. of Hous. Community Renewal, 290 A.D.2d 313).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.