Legal Opinion

Gerard v. Clermont York Associates LLC

Appellate Division of the Supreme Court of the State of New York

Decided October 6, 2016No. 1838 101150/10PublishedCited by 3 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Anil C. Singh, J.), entered August 9, 2012, which granted plaintiffs’ motion for class certification, unanimously affirmed, without costs.

Plaintiffs in this action for rent overcharges are tenants at a rental apartment building owned by defendant. Plaintiffs seek to certify a class of current, former, and future tenants whose formerly rent-stabilized apartments were deregulated even though the building owner was receiving J-51 tax abatement benefits.

The motion court providently exercised its discretion in deeming the motion for class certification, which…

2Cases cited3 opinions

  1. Borden v. 400 East 55th Street Associates, L.P.New York Court of Appeals · 2014
  2. Galdamez v. Biordi Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2008
  3. Rodriguez v. Metropolitan Cable CommunicationsAppellate Division of the Supreme Court of the State of New York · 2010

3Cited by3 opinions

  1. Façade Tech., LLC v. CNY Constr. 701 LLCAppellate Division of the Supreme Court of the State of New York · 2021
  2. Ortega v. Skyworx Contr. Inc.Appellate Division of the Supreme Court of the State of New York · 2023
  3. Ortega v. Skyworx Contr. Inc.Appellate Division of the Supreme Court of the State of New York · 2023

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