Legal Opinion
Vazquez v. Sichel
New York Supreme Court
Decided December 2, 2005PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Lucy Billings, J.
I. Background
Plaintiff tenant sues to recover a rent overcharge. He challenges his landlord’s “Individual Apartment Improvement” (IAI) increase in the rent level. Defendant landlord moves to dismiss the complaint, based on the court’s lack of subject matter jurisdiction to determine plaintiffs claim. (CPLR 3211 [a] [2].) For the reasons explained below, the court denies defendant’s motion and determines that the Civil Court, as well as the Supreme Court from which this action was removed (CPLR 325 [d]), has jurisdiction to determine an action for a rent…
2Cases cited37 opinions
- Hausser v. GiuntaNew York Court of Appeals · 1996
- Staatsburg Water Co. v. Staatsburg Fire DistrictNew York Court of Appeals · 1988
- Capital Telephone Co. v. Pattersonville Telephone Co.New York Court of Appeals · 1982
- Sohn v. CalderonNew York Court of Appeals · 1991
- Cox v. J.D. Realty AssociatesAppellate Division of the Supreme Court of the State of New York · 1995
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3Cited by2 opinions
- Charron v. Pinnacle Group N.Y. LLCDistrict Court, S.D. New York · 2012
- Rockaway One Co. v. WigginsAppellate Division of the Supreme Court of the State of New York · 2006