VERVENIOTIS v. CACIOPPO


164 Misc.2d 334 (1995)

627 N.Y.S.2d 509

John Verveniotis et al., Appellants, v. Gloria Cacioppo et al., Respondents.

Supreme Court, Appellate Term, Second Department.

March 20, 1995


Attorney(s) appearing for the Case

Cohen, Hurkin, Ehrenfeld, Pomerantz & Tenenbaum, Brooklyn (Harriet Thompson-Shand of counsel), for appellants. Brooklyn Legal Services Corp. B (John C. Gray, Jr., and Nathan Courtney of counsel), for respondents.

SCHOLNICK, J. P., CHETTA and PATTERSON, JJ., concur.


MEMORANDUM

Order unanimously reversed with $10 costs, motion for summary judgment denied and matter remanded to the court below for all further proceedings.

A nonpayment proceeding was commenced against the rent-stabilized tenants herein. Their answer contained an affirmative defense of rent overcharge and they moved for summary judgment based on that defense. The lease in question commenced on March 1, 1992 and...

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