Kane v. Gutmann

Defendant moves to dismiss so much of the complaint as is based upon overpayments of rent to defendant made more than one year prior to February 16, 1949, the date of the institution of this action, upon the ground that recovery is barred as to payments made before that date by the one-year Statute of Limitations contained in the Federal rent control laws. In opposition plaintiff claims that the Statute of Limitations did not begin to run until a duty to refund the overcharges was breached or until the date of the last violation, which was in May, 1948.

I have carefully read the eases relied…