Legal Opinion
Mangano v. New York State Division of Housing & Community Renewal
Appellate Division of the Supreme Court of the State of New York
Decided June 20, 2006PublishedCited by 3 opinions
1Opinion of the Court
Order and judgment (one paper), Supreme Court, New York County (Faul G. Feinman, J.), entered July 1, 2005, which remanded for recalculation of treble damages but otherwise denied the petition to annul respondent’s determination finding a rent overcharge and imposing treble damages, unanimously affirmed, without costs.
Eetitioner landlord had the burden of proving the rent as of the base date (see Auto Park, Inc. v Bugdaycay, 7 Misc 3d 292, 297 [2004]). Respondent had discretion to disregard the affidavit of the tenant who allegedly resided in the apartment as of the base date, which affidavit…
2Cases cited5 opinions
- Thornton v. BaronNew York Court of Appeals · 2005
- MATTER OF 61 JANE ST. ASSOCS. v. New York City Conciliation & Appeals Bd.New York Court of Appeals · 1985
- Ramanadhan v. WingAppellate Division of the Supreme Court of the State of New York · 1999
- Argo Corp. v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 1999
- Auto Park, Inc. v. BugdaycayCivil Court of the City of New York · 2004
3Cited by3 opinions
- Altman v. 285 West Fourth LLCAppellate Division of the Supreme Court of the State of New York · 2016
- Bondam Realty Associates, L.P. v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2010
- Rodriguez v. KalataAppellate Division of the Supreme Court of the State of New York · 2019