Legal Opinion

Nicholas A. Gravante, P. C. v. Gennaro Lombardi Corp.

Appellate Division of the Supreme Court of the State of New York

Decided June 11, 1996PublishedCited by 1 opinion

1Opinion of the Court

The IAS Court properly interpreted and applied Rent Stabilization Code (9 NYCRR) § 2526.1 (f) (1), which provides that a purchaser at a judicial sale is exempt from liability for overcharges of previous owners if, inter alia, "no records suf*232ficient to establish the legal regulated rent were provided at a judicial sale”. In light of the court’s broad discretion in presiding over foreclosure proceedings (see, e.g., Notey v Darien Constr. Corp., 41 NY2d 1055), and since records establishing the legal rent are in the file of this action and available to any potential purchaser of the property, it…

2Cited by1 opinion

  1. Ouziel v. BritoAppellate Terms of the Supreme Court of New York · 1998

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