Per Curiam.
Plaintiff's affidavit fails to present facts indicating the existence of any triable issue. In the absence of an applicable maximum rent for the period here involved or a refund order by the Temporary State Housing Rent Commission, there is no basis upon which to compute any asserted overcharge. Failure to file a timely registration statement does not per se render the defendants liable for an overcharge or establish the fact there was an overcharge...
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