Legal Opinion
Nur Ashki Jerrahi Community v. New York City Loft Board
Appellate Division of the Supreme Court of the State of New York
Decided November 30, 2010PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Catterson, J.
The issue raised by the New York City Loft Board in this CPLR article 78 proceeding is whether the four-year statute of limitations in CPLR 213-a, titled “Actions to be commenced within four years; residential rent overcharge,” applies to overcharge claims brought by Loft Law-covered tenants. We find that the rationale that led this Court to conclude recently in Matter of Hicks v New York State Div. of Hous. & Community Renewal (75 AD3d 127 [1st Dept 2010]) that the four-year statute of limitations does not apply to rent-controlled residences may be similarly…
2Cases cited14 opinions
- People v. FinneganNew York Court of Appeals · 1995
- Gilman v. New York State Division of Housing & Community RenewalNew York Court of Appeals · 2002
- Thornton v. BaronNew York Court of Appeals · 2005
- Lower Manhattan Loft Tenants v. New York City Loft BoardNew York Court of Appeals · 1985
- Ador Realty, LLC v. Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2005
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3Cited by2 opinions
- Benaresh v. New York City Loft BoardAppellate Division of the Supreme Court of the State of New York · 2012
- Matter of Dom Ben Realty Corp. v. New York City Loft Bd.Appellate Division of the Supreme Court of the State of New York · 2019