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New York’s Premier
Tenants’ Rights Law Firm

New York’s Premier
Tenants’ Rights Law Firm

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Major Cases

Appellate Cases

  • June 2019

    Kuzmich V. 50 Murray Street Acquisition LLC

    (421-g apartments not subject to deregulation) (Court of Appeals June 2019)
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  • December 2018

    Nolte vs. Bridgestone Associates

    court upholds trial court decision that the landlord fraudulently deregulated the apartment, freezes rent, grants trebles damages, uses default formula to calculate rent and awards legal fees
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  • October 2018

    601 West 136th Street HDFC v. Yvette Tsiropoulos

    HDFC unreasonably rejected remaining family member application of daughter of deceased tenant on the basis of not being financially responsible. Daughter was able to pay the maintenance and lack of tax returns and period of withholding maintenance, under the circumstances, did not make her financially irresponsible.
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  • November 2017

    Daniel Collazo v. Netherland Property Asset, 35 N.Y.3d 987 (upholding tenants’ choice to sue for rent overcharges in NY State Supreme Court rather than filing a complaint with the DHCR)

    Chini v. Chini, 189 A.D.3d 986 (2d Dept. 2020) (finding issues of fact requiring a trial as to claim by son of deceased owner, who had exclusive possession of an apartment and paid rent, that he was a rent stabilized tenant)

    Garendean Realty Owner v. Lang, 175 A.D.3d 653 (2d Dept. 2019) (upholding dismissal of fraud claim against tenant where no sufficient allegations were made)
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Lower Court Cases

  • March 2021

    Trafalgar Company v. Georgia Malone

    Dugan v. London Terrace Gardens LP (HSTPA of 2019 applies to pending overcharge class action – all rent history “reasonably necessary” to determine the legal rent should be examined and tenant can collect for six years of overcharges)
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  • June 2019

    Kuzmich v. 50 Murray/West v. 90 West Street

    421-g apartments not subject to deregulation
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  • April 04, 2018

    Golden Horse v. DHCR

    Sup Ct, NY Co (illegal use of apt does not preclude it being rent stabilized, landlord Article 78 dismissed)
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  • March 2018

    Matter of GVS Props. LLC v Vargas

    HMGD&J wins summary judgment relieving a tenant of any obligation to pay rent, over a five year period, based on her building’s decades old Certificate of Occupancy violation. This case solidifies precedent, also won by HMGD&J and firmly establishes that landlords cannot collect rent from a tenant if its building has a C of O violation, no matter how old the violation or how much the tenant owes.
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  • February 26, 2018

    Sau Mei Chan v. Doe

    Petitioner commenced these holdover proceedings to recover the subject apartments located at 71-38 71st Street, Glendale. Prior to commencement petitioner served Thirty Day Notices terminating respondents’ tenancies effective September 30,2017.
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  • December 14, 2017

    Arrojo and Finstad v. Serdula (Civil Court, NY County)

    Owner’s use proceeding dismissed where owner failed to offer tenant 62-years old or older an equivalent or superior rent-stabilized apartment. Agreement to charge stabilized rents not sufficient.
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  • November 29, 2017

    Cooper and Holland vs. 85th Estates and Greenthal

    (SC, NY Co) (court finds overcharges and sets rent based on “default” formula where landlord failed to offer sufficient evidence of renovations and treated apartments as deregulated while in receipt of J51 benefits)
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  • October 4, 2017

    Nolte v. Bridgestone (Sup Ct, NY Co 2017)

    tenant granted summary judgment, apartment stabilized on basis of J51, court finds fraud and sets rent based on default formula with rent freeze, treble damages and attorneys fees
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