TURNER v. SPEAR


134 Misc.2d 733 (1987)

Carol Turner, 308 Realty, Inc., Petitioner, v. Kenneth Spear, Respondent.

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

February 20, 1987


Attorney(s) appearing for the Case

Rosenberg & Estis (Jeffrey C. Goldman of counsel), for petitioner. Kenneth Spear, respondent pro se.


PETER TOM, J.

The issue put before the court is whether the present landlord is liable to respondent, a rent-stabilized tenant, for rent overcharges collected by the petitioner's predecessors-in-interest. The overcharges began in 1975 and continued to July 31, 1984. The property was transferred three times since 1975 with petitioner acquiring title on November 13, 1984.

Petitioner contends that absent collusion an innocent owner is not liable...

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