Legal Opinion
Gudz v. Jemrock Realty Co., LLC
Appellate Division of the Supreme Court of the State of New York
Decided April 25, 2013PublishedCited by 4 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered October 26, 2011, which, upon reargument, adhered to a prior order, same court and Justice, entered June 20, 2011, granting plaintiff’s motion for class certification, affirmed, without costs. Appeal from the prior order, dismissed, without costs, as academic.
Plaintiff’s rent overcharge claim did not seek a “penalty” within the meaning of CPLR 901 (b), because she waived her right to treble damages under Rent Stabilization Law of 1969 (RSL) (Administrative Code of City of NY) § 26-516 (a). The waiver was effective, since,…
2Cases cited4 opinions
- Sperry v. Crompton Corp.New York Court of Appeals · 2007
- City of New York v. MaulNew York Court of Appeals · 2010
- Mohassel v. FenwickNew York Court of Appeals · 2005
- Asher v. Abbott LaboratoriesAppellate Division of the Supreme Court of the State of New York · 2002
3Cited by4 opinions
- Borden v. 400 East 55th Street Associates, L.P.New York Court of Appeals · 2014
- Borden v. 400 East 55th Street Associates, L.P.Appellate Division of the Supreme Court of the State of New York · 2013
- Borden v. 400 East 55th Street Associates, L.P.Appellate Division of the Supreme Court of the State of New York · 2013
- Dugan v. London Terrace Gardens, L.P.New York Supreme Court · 2013