Legal Opinion

J.P. & Associates Properties Corp. v. Krautter

Appellate Terms of the Supreme Court of New York

Decided February 1, 2013Published

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

Ordered that the judgment is reversed, without costs, so much of the order entered December 11, 2009 as granted the branch of tenant’s motion seeking summary judgment on his counterclaim for attorney’s fees is vacated, and that branch of tenant’s motion is denied.

In November 2008, tenant filed a rent overcharge complaint with the Department of Housing and Community Renewal (DHCR). In December 2008, landlord commenced this nonpayment summary proceeding, alleging the nonpayment of $13,115.75 in rent. The petition alleged that the rent for tenant’s apartment was…

2Cases cited10 opinions

  1. Bray v. CoxNew York Court of Appeals · 1976
  2. Landau, P.C. v. LaRossa, Mitchell & RossNew York Court of Appeals · 2008
  3. Nestor v. McDowellNew York Court of Appeals · 1993
  4. Excelsior 57th Corp. v. WintersAppellate Division of the Supreme Court of the State of New York · 1996
  5. Sykes v. RFD Third Avenue I Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2007

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