Legal Opinion

Obispo v. 423 Madison Avenue L.L.C.

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

Decided March 31, 2011Published

1Opinion of the Court

*681The motion court correctly found that this plenary action to enforce a fair market rent appeal (FMRA) order is barred by the six-year statute of limitations (see CPLR 213 [1]; see also Sciarra v 531 E. 83rd St. Owners Corp., 8 AD3d 159, 160 [2004]). Plaintiffs argument that the 20-year period in CPLR 211 (b) should apply in this case because the court is essentially being asked to undertake a ministerial act by issuing a money judgment for a sum certain, is unavailing. Unlike a rent overcharge proceeding governed by Rent Stabilization Code (9 NYCRR) § 2526.1 (e), which authorizes entry of a…

2Cases cited2 opinions

  1. 3410 Kingsbridge Partners v. AtkinsonAppellate Division of the Supreme Court of the State of New York · 1999
  2. Sciarra v. 531 East 83rd Street Owners Corp.Appellate Division of the Supreme Court of the State of New York · 2004

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