Glambosky and Honig win on behalf of New York City Landlord.April 3, 2015 |
Erez Glambosky and Jeremy Honig obtained an important and substantial victory for developer/landlord Naftali Group in a hotly contested Civil Court, New York County residential holdover proceeding.
The Court granted the landlord’s motion for summary judgment and rejected the tenant’s defense that the apartment was rent stabilized because the prior landlord engaged in a fraudulent scheme to deregulate the apartment back in 2004.
The Court agreed with the landlord that the tenant had failed to demonstrate a “colorable claim of fraud” sufficient to allow the Court to examine the rent history of the apartment going back more than the statutorily permitted four years.
Landlords across New York City will embrace this significant decision which confirms that residential tenants cannot contravene the four-year statute of limitations governing overcharge claims by merely alleging that a landlord and/or its predecessor engaged in “fraud” more than four years earlier.
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