Legal Opinion

Wolfisch v. Mailman

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

Decided April 21, 1992PublishedCited by 9 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Shirley Fingerhood, J.), entered September 13, 1991, which, insofar as appealed from, granted plaintiffs’ motion to dismiss the first and fourth affirmative defenses of lack of subject matter jurisdiction, unanimously affirmed, with costs.

The Supreme Court has statutory jurisdiction to entertain an action to recover a rent overcharge and power to award treble damages where the landlord fails to disprove willfulness (McKinney’s Uncons Laws of NY § 8632 [a] [1] [f| [Emergency Tenant Protection Act § 12; L 1974, ch 576, § 4, as amended]; Smitten v 56…

2Cases cited1 opinion

  1. Smitten v. 56 MacDougal Street Co.Appellate Division of the Supreme Court of the State of New York · 1990

3Cited by9 opinions

  1. Crimmins v. Handler & Co.Appellate Division of the Supreme Court of the State of New York · 1998
  2. Rockaway One Co. v. WigginsAppellate Division of the Supreme Court of the State of New York · 2006
  3. Jenkins v. State of New York Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 1999
  4. Solow v. WellnerAppellate Terms of the Supreme Court of New York · 1992
  5. Rockaway One Co. v. WigginsAppellate Terms of the Supreme Court of New York · 2004

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