Bowen v. East 13th Street Realty Co.

OPINION OF THE COURT

Order entered October 6, 1998 modified by denying plaintiffs motion for summary judgment and granting defendant’s cross motion to dismiss the complaint; as modified, order affirmed, without costs.

Plaintiffs plenary action for rent overcharges should have been dismissed as time barred under the applicable fourr year Statute of Limitations (CPLR 213-a). Plaintiff incorrectly characterizes this action as one to recover upon a penalty pursuant to the Division of Housing and Community Renewal (DHCR) order entered only against the building’s managing agent in January 1997 (cf.,…