REYNOLDS v. DIV. OF HOUS. & CMTY. RENEWAL OF NEW YORK STATE, OFFICE OF RENT ADMIN.


213 A.D.2d 296 (1995)

624 N.Y.S.2d 829

Jan Reynolds, Appellant, v. Division of Housing and Community Renewal of New York State, Office of Rent Administration, Defendant, and 498 West End Avenue Realty Co., Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

March 23, 1995


The IAS Court, by prior order, had ruled that the Division of Housing and Community Renewal would have primary jurisdiction over the rent overcharge claim and the related question of the existence of an illusory tenancy during the initial vacancy decontrol period. Those administrative proceedings had not yet concluded at the time of the subject motions and thus, under the circumstances herein, denial of summary judgment...

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