Feerst v. Kosiner

OPINION OF THE COURT

Jerome B. Fleischman, J.

Plaintiff has commenced this action by the service of a summons, notice of motion for summary judgment in lieu of a complaint and an affidavit in support thereof, pursuant to CPLR 3213. The basis for this action is an order and determination of the District Rent Administrator of the State of New York Division of Housing and Community Renewal dated October 18, 1989, which awarded plaintiff the sum of $3,654.18 for rent overcharges by the defendant, including treble damages.

The affidavits submitted by defendant in opposition raises several issues of…