Legal Opinion
Myers v. D'Agosta
Appellate Division of the Supreme Court of the State of New York
Decided March 8, 1994PublishedCited by 7 opinions
1Opinion of the Court
—Judgment, Supreme Court, New York County (Walter Schackman, J.), entered June 4, 1993, which denied petitioner’s application pursuant to CPLR article 78 to annul respondent’s determination denying petitioner an award of treble damages for a rent overcharge, and dismissed the petition, unanimously affirmed, without costs.
Respondent Division’s determination that the proof adduced was sufficient to rebut the presumption that intervenor-re*224spondent landlord had willfully overcharged petitioner has a rational basis (see, Matter of Round Hill Mgt. Co. v Higgins, 177 AD2d 256), namely a reasonable…
2Cases cited1 opinion
- Round Hill Management Co. v. HigginsAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by7 opinions
- 300 West 49th Street Associates v. New York State Division of HousingAppellate Division of the Supreme Court of the State of New York · 1995
- 1781 Riverside, L. L. C. v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2001
- Chekowsky v. Windermere Owners, LLCAppellate Division of the Supreme Court of the State of New York · 2015
- 446 Realty Co. v. HigbieAppellate Terms of the Supreme Court of New York · 2003
- Smoke v. Windermere Owners LLCAppellate Division of the Supreme Court of the State of New York · 2015
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