Sciarra v. 531 East 83rd Street Owners Corp.

Order, Supreme Court, New York County (Walter B. Tolub, J.), entered on or about September 8, 2003, which, in an action by a tenant to enforce a fair market rent appeal (FMRA) order against her former landlords (defendants Tessler and 531 East 83rd Street Owners Corp.) and current landlord (defendant East End at 83rd Street, Inc.), denied defendants’ motions for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Successor landlords are not generally liable for excess rent collected by predecessor landlords, as determined in an FMRA order. This is unless they had an…