Gelbart v. Borglum

Order, Supreme Court, New York County (Carol Arber, J.), entered on or about May 1, 1992, which denied defendant’s motion to vacate a judgment, dated January 3, 1992, in favor of the plaintiff and against the defendant in the amount of $9,631.34, unanimously reversed, the motion granted and the judgment vacated, with costs.

Pursuant to Rent Stabilization Code (9 NYCRR) § 2529.12, that portion of an order fixing a rent overcharge penalty shall be stayed by the filing of a petition for administrative review ("PAR”) until 60 days after determination of the PAR. In this case, we find that the IAS…