Rosado v. Vaccaro

*635OPINION OF THE COURT

Memorandum.

Order insofar as appealed from unanimously affirmed with $10 costs.

Plaintiff, formerly a tenant in an apartment owned by defendant and another, commenced this action in March 2002 seeking to recover a refund, awarded in a fair market rent appeal (FMRA) order of the Division of Housing and Community Renewal, dated August 21, 1998, of excess rents collected between May 1992 and April 20, 1998 (see generally Rent Stabilization Code [9 NYCRR] § 2522.3 [d] [1]). The defense is that the complaint is time-barred under CPLR 213-a as to any overcharges that were…