Theoharidou v. Newgarden

*98OPINION OF THE COURT

Final judgment entered June 24, 1996 reversed, with $10 costs, tenant’s motion for summary judgment is denied, the nonpayment petition is reinstated, and the award for rent overcharge is vacated.

Appeal from order entered October 29, 1996 denying reargument dismissed, without costs, as nonappealable.

Tenant’s rent overcharge claim below was based entirely upon an increase in the registered rent from $235.71 in 1984 to $670 in 1985, the year tenant commenced occupancy. Civil Court granted summary judgment in tenant’s favor on the overcharge, finding that landlord “ha[d]…