Ishida v. Markowicz

In an action to recover a rent overcharge, the plaintiff appeals from an order of the Supreme Court, Kings County (Clemente, J.), dated October 21, 2002, which denied her motion for summary judgment.

Ordered that the order is affirmed, with costs.

The parties entered into an agreement in January 1999 pursuant to which the defendant, the leaseholder of the subject rent-controlled apartment, allowed the plaintiff to occupy one of two bedrooms in the apartment with access to the kitchen, bathroom, and a common area. After residing in the apartment for more than two years, the plaintiff learned…