KOLBERT v. CLAYTON


127 Misc.2d 1036 (1985)

Benjamin Kolbert, Petitioner, v. Virginia Clayton, Respondent.

Civil Court of the City of New York, New York County.

April 4, 1985


Attorney(s) appearing for the Case

Lawrence P. Wolf for petitioner. Brand, Lustig & Goldberg (Michael P. Goldberg of counsel), for respondent.


DAVID B. SAXE, J.

Is an award of treble damages for rent overcharges collected by a subletting tenant mandated by the Omnibus Housing Act?

Petitioner, the sublessor, started this nonpayment summary proceeding after the respondent subtenant defaulted in the payment of rent for two months. Under the sublease agreement executed between the parties, the agreed upon monthly rental for the apartment was $1,050.

The respondent's answer raised...

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