Nagobich v. New York State Division of Housing & Community Renewal

—Judgment, Supreme Court, New York County (Edward Greenfield, J.), entered on or about September 18, 1992, which, in a proceeding pursuant to CPLR article 78, denied petitioner’s application to annul respondent’s determination that petitioner had willfully overcharged the complaining tenant, unanimously modified, on the law and the facts, the petition is granted to the extent of annulling the determination that the overcharge was willful, and the matter is remitted for further proceedings, to recalculate the amount of the overcharge without costs.

Contrary to respondent’s arguments on appeal,…