Legal Opinion
Barnert v. 41 Fifth Avenue Associates
Appellate Division of the Supreme Court of the State of New York
Decided February 6, 1990PublishedCited by 6 opinions
1Opinion of the Court
On December 26, 1985, the Conciliation and Appeals Board (CAB), predecessor of DHCR, issued an order on a rent overcharge complaint filed by plaintiff-appellant tenant, Douglas Barnert, holding defendant-respondent landlord, 41 Fifth Avenue Associates, liable for rent overcharges totaling $20,099.93. Defendant landlord neither filed a petition for administrative review (PAR) nor commenced a CPLR article 78 proceeding to review the administrative decision, and the periods for such challenges expired on January 28, 1986 and February 24, 1986, respectively. On November 13, 1986, a judgment…
2Cases cited3 opinions
- People Ex Rel. Finnegan v. . McBrideNew York Court of Appeals · 1919
- Cupo v. McGoldrickAppellate Division of the Supreme Court of the State of New York · 1951
- Rahman v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1985
3Cited by6 opinions
- Preston v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1990
- Verbalis v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2003
- Laub v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 1991
- Popik v. New York State Division of Housing & Community RenewalNew York Supreme Court · 1994
- Mercy Hospital v. New York State Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1992
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