Delaj v. Bronx Park East Housing, Inc.

Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered March 9, 2015, which denied defendant’s motion to, among other things, renew plaintiffs’ motion for summary judgment on their rent overcharge complaint, unanimously affirmed, with costs.

The motion court properly denied defendant landlord’s third motion to renew, as it failed to show that nonpayment of rent was unknown or incapable of discovery at the time plaintiffs moved for summary judgment (see Martin v Triborough Bridge & Tunnel Auth., 182 AD2d 545, 545 [1st Dept 1992], amending 180 AD2d 596 [1st Dept 1992]). Further,…