Legal Opinion

78/79 York Associates v. Rand

Appellate Terms of the Supreme Court of New York

Decided April 19, 1999PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

Order dated January 28, 1998 affirmed, with $10 costs.

Tenant’s rent overcharge counterclaim, interposéd in October 1995, is not barred under amended CPLR 213-a or amended Rent Stabilization Law of 1969 (Administrative Code of City of NY) § 26-516 (a). Those statutes preclude examination of the rental history of the housing accommodation prior to the four-year period immediately preceding the filing of a complaint or commencement of an action. The instant counterclaim does not seek inquiry into the legality of rent increases prior to the four-year period since it is…

3Cases cited2 opinions

Zafra v. PilkesAppellate Division of the Supreme Court of the State of New York · 1997
Theoharidou v. NewgardenAppellate Terms of the Supreme Court of New York · 1998

4Cited by4 opinions

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Auto Park, Inc. v. BugdaycayCivil Court of the City of New York · 2004