Smoke v. Windermere Owners LLC

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered December 30, 2014, which denied plaintiff’s motion for summary judgment as to rent overcharge damages and set the matter down for a hearing, unanimously affirmed, without costs.

The court found defendant Windermere Owners LLC liable for rent overcharges based on its inability to provide adequate documentation for the improvements that were the basis for removing plaintiff’s apartment from rent stabilization. However, since the improvements were made more than a decade ago and many years before the building was acquired…