Rofrano v. Duffy

In an action by a tenant to recover damages as a consequence of rental overcharges allegedly exacted by the landlord, the appeal is from a judgment entered on an order granting the tenant’s motion for summary judgment striking out the answer. Judgment reversed, without costs, order vacated and motion denied. The statute under which this action was brought (State Residential Rent Law, § 11, subd. 6; L. 1946, ch. 274, as amd.), insofar as presently relevant, requires that the tenant await the expiration of 30 days from the date on which the order of the State Rent Commission, fixing a rental…