S.E. & K. Corp. v. State of New York Division of Housing & Community Renewal

Order and judgment (one paper), Supreme Court, New York County (Ira Gammer*124man, J.), entered on or about January 25, 1994, which denied petitioner landlord’s application pursuant to CPLR article 78 to annul respondent’s award of treble damages to the tenant in a rent overcharge proceeding, and dismissed the petition, unanimously affirmed, without costs.

Petitioner failed to show by a preponderance of the evidence that the overcharge was not willful (Rent Stabilization Code [9 NYCRR] § 2526.1 [a] [1]). Petitioner’s excuse that its inexperience as a landlord caused it to be misled by the advice…