Legal Opinion

Ouziel v. Brito

Appellate Terms of the Supreme Court of New York

Decided March 2, 1998Published

1Opinion of the Court

*217OPINION OF THE COURT

Memorandum.

Judgment unanimously reversed without costs and counterclaims dismissed.

The issue on this appeal is whether landlord, who purchased the property at a mortgage foreclosure sale, is liable for rent overcharges collected by the prior owners.

Landlord commenced this proceeding seeking alleged monthly rent of $750 for the months of May through November 1996. In an amended answer, tenant affirmatively asserted, inter alia, that the apartment had not been registered with the Division of Housing and Community Renewal (DHCR) since 1985 and counterclaimed for rent…

2Cases cited3 opinions

  1. Goldstein v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 1996
  2. Lincoln Savings Bank, FSB v. Amerasian Realty Corp.New York Supreme Court · 1995
  3. Nicholas A. Gravante, P. C. v. Gennaro Lombardi Corp.Appellate Division of the Supreme Court of the State of New York · 1996

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