LINCOLN AMSTERDAM HOUSE, INC. v. BAXTER


224 A.D.2d 207 (1996)

637 N.Y.S.2d 696

Lincoln Amsterdam House, Inc., Respondent, v. Charles Baxter et al., Appellants and Counterclaim Defendants-Appellants. City of New York, Counterclaim Defendant-Respondent

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

February 6, 1996


The parties agree that defendants were liable for payment of the fair market rent on their cooperative apartment in plaintiff's Mitchell-Lama premises and, accordingly, did not have to file income recertifications to determine whether their rent should be fair market rent or some lesser amount. However, defendants were required to certify their income for the purpose of determining whether they were responsible for payment of a surcharge, and if so, the amount thereof, as...

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