Legal Opinion

Brinckerhoff v. New York State Division of Housing & Community Renewal

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

Decided September 14, 2000PublishedCited by 14 opinions

1Opinion of the Court

—Judgment, Supreme Court, New York County (Beverly Cohen, J.), entered March 6, 2000, which, in a CPLR article 78 proceeding brought by petitioner rent stabilized tenants challenging respondent Division of Housing and Community Renewal’s (DHCR) dismissal of their rent overcharge complaint as time-barred, granted respondents’ cross motion to dismiss the petition for failure to state a cause of action, unanimously affirmed, without costs.

The four-year Statute of Limitations applicable to both administrative and judicial rent overcharge claims (Rent Stabilization Law [Administrative Code of City…

2Cases cited4 opinions

  1. Zafra v. PilkesAppellate Division of the Supreme Court of the State of New York · 1997
  2. Bragston Realty Corp. v. DixonAppellate Terms of the Supreme Court of New York · 1999
  3. Daniel v. New York State Division of Housing & Community RenewalNew York Supreme Court · 1998
  4. Gelston v. New York State Division of Housing & Community RenewalNew York Supreme Court · 1998

3Cited by14 opinions

  1. Myers v. FrankelAppellate Division of the Supreme Court of the State of New York · 2002
  2. Hicks v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2010
  3. Sessler v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2001
  4. Cecilia v. IrizarryAppellate Division of the Supreme Court of the State of New York · 2002
  5. Dugan v. London Terrace Gardens, L.P.Appellate Division of the Supreme Court of the State of New York · 2019

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