Rockaway One Co. v. Wiggins
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Spolzino, J.
The issue presented by this appeal is whether a tenant who is a respondent in a summary proceeding based upon nonpayment of rent may defend on the ground of, and counterclaim for, rent overcharges predicated on what the tenant claims to be an unjustified individual apartment improvement (hereinafter IAI) increase. The Civil Court permitted the counterclaim and, after finding the rent charged by the owner to be without justification, reduced the judgment to which the owner would otherwise have been entitled by the amount that it determined to be the rent…
2Cases cited23 opinions
- Capital Telephone Co. v. Pattersonville Telephone Co.New York Court of Appeals · 1982
- Flacke v. Onondaga Landfill Systems, Inc.New York Court of Appeals · 1987
- MATTER OF SCHULZ v. StateNew York Court of Appeals · 1995
- Sohn v. CalderonNew York Court of Appeals · 1991
- Draper v. Georgia Properties, Inc.New York Court of Appeals · 1999
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3Cited by7 opinions
- Jemrock Realty Co. v. KrugmanAppellate Division of the Supreme Court of the State of New York · 2009
- Jemrock Realty Co., LLC v. KrugmanAppellate Terms of the Supreme Court of New York · 2007
- 102 West Hudson, LLC v. CorderoNassau County District Court · 2017
- DiLorenzo v. Windermere Owners LLCAppellate Division of the Supreme Court of the State of New York · 2019
- Hillside Park 168, LLC v. HossainAppellate Terms of the Supreme Court of New York · 2018
2 more not listed; retrieve them via the Exa API.