Legal Opinion

Mohassel v. Fenwick

New York Court of Appeals

Decided June 16, 2005PublishedCited by 25 opinions

1Opinion of the Court

OPINION OF THE COURT

Graffeo, J.

In this rent overcharge proceeding, the issue is whether a rent stabilized tenant was properly granted prejudgment interest on a treble damages award. We conclude that he was.

In 1984, Parviz Robert Mohassel commenced a rent overcharge proceeding with the Division of Housing and Community Renewal (DHCR) relating to his Manhattan apartment, alleging that building owner Lila Fenwick was collecting rent in excess of that authorized under the New York City Rent Stabilization Law. A cotenant was also named in the petition. After the owner failed to comply with…

2Cases cited3 opinions

  1. Love v. State of New YorkNew York Court of Appeals · 1991
  2. Gilman v. New York State Division of Housing & Community RenewalNew York Court of Appeals · 2002
  3. Aurecchione v. New York State Division of Human RightsNew York Court of Appeals · 2002

3Cited by25 opinions

  1. Borden v. 400 East 55th Street Associates, L.P.New York Court of Appeals · 2014
  2. Harvardsky Prumyslovy Holding v. KozenyAppellate Division of the Supreme Court of the State of New York · 2014
  3. Gudz v. Jemrock Realty Co., LLCAppellate Division of the Supreme Court of the State of New York · 2013
  4. Prince v. 209 Sand & Gravel, LLCAppellate Division of the Supreme Court of the State of New York · 2007
  5. Verizon N.Y., Inc. v. Supervisor of Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 2020

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