Decision: 2020.04.02 Argument: 2020.01.07 vid. tr. Tenants’ claim of rent overcharge by landlord allegedly taking advantage of luxury decontrol provisions of the Rent Stabilization Law while simultaneously receiving tax incentives under the City of New York’s J-51 program–whether Supreme Court abused its discretion in determining that most of plaintiffs’ claims were within the specialized expertise…
January Session
Matter of Bohlen v. DiNapoli
Decision: 2020.02.13 Argument: 2020.01.08 vid. tr. Whether New York State Retirement System properly excluded longevity allowance payments from petitioners’ final average salaries in calculating retirement benefits; application of Retirement and Social Security Law § 431.
Matter of Leggio v. Devine
Decision: 2020.02.13 Argument: 2020.01.09 vid. tr. Whether Suffolk County Department of Social Services properly determined that child support payments for two of petitioner’s children, both full-time college students, counted as household income for purposes of determining eligibility for Supplemental Nutrition Assistance Program benefits. *Disclaimer: Phil or Scott worked on this matter in a prior job.
Matter of Regina v. New York State Division of Housing and Community Renewal
Decision: 2020.04.02 Argument: 2020.01.07 vid. tr. Whether look-back period for rent overcharge claim is limited to four years before overcharge complaint is filed; whether defendants engaged in fraud in deregulating apartment and whether deviation from rent stabilization was willful; whether plaintiffs are entitled to treble damages or attorneys’ fees.
Raden v. W 7879, LLC
Decision: 2020.04.02 Argument: 2020.01.07 vid. tr. Whether look-back period for rent overcharge claim is limited to four years before overcharge complaint is filed; whether defendants engaged in fraud in deregulating apartment and whether deviation from rent stabilization was willful; whether plaintiffs are entitled to treble damages or attorneys’ fees.
Reich v. Belnord Partners
Decision: 2020.04.02 Argument: 2020.01.07 vid. tr. Whether Supreme Court properly dismissed as time-barred plaintiffs’ claim for rent overcharges based on defendants’ failure to charge rent stabilized rents while receiving J-51 tax benefits.
Taylor v. 72A Realty Associates, L.P.
Decision: 2020.04.02 Argument: 2020.01.07 vid. tr. Action to recover rent overcharges for apartment leased as exempt from rent regulation while landlord received tax incentives under the City’s J-51 program–Whether the Appellate Division erred in recognizing a residential rent overcharge computation starting more than four years before the action was commenced, and failing to dismiss the…