History
  • No items yet
midpage
Mozes v. Shanaman
804 N.Y.S.2d 3
| N.Y. App. Div. | 2005
|
Check Treatment

Order, Supreme Court, New York County (Edward H. Lehner, J.), entered August 5, 2004, which, in these actions consolidated for the disposition of the subject summary judgment motions, granted the motions of defendant landlords for summary judgment dismissing the complaints as time-barred, unanimously affirmed, with costs.

“The four-year Statute of Limitations applicable to both administrative and judicial rent overcharge claims, by its terms, commences to run with the ‘first overcharge alleged’ ” (Matter of Brinckerhoff v New York State Div. of Hous. & Community Renewal, 275 AD2d 622, 622 [2000] [citations omitted], lv *855denied 96 NY2d 712 [2001]). Since the first overcharges alleged by plaintiff tenants occurred no later than 1996, these actions commenced in 2003 are time-barred (CPLR 213-a). Concur— Friedman, J.P., Sullivan, Nardelli, Gonzalez and Sweeny, JJ.

Case Details

Case Name: Mozes v. Shanaman
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Sep 29, 2005
Citation: 804 N.Y.S.2d 3
Court Abbreviation: N.Y. App. Div.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.