MATTER OF GAINES v. DHCR


90 N.Y.2d 545 (1997)

686 N.E.2d 1343

664 N.Y.S.2d 249

In the Matter of Germaine Gaines, Respondent, v. New York State Division of Housing and Community Renewal, Appellant.

Court of Appeals of the State of New York.

Decided October 16, 1997.


Attorney(s) appearing for the Case

Marcia P. Hirsch, Bronx, Rudolph Rosa Di Sant and Sheldon Melnitsky for appellant.

John J. Cox, New York City, for respondent.

Carb, Luria, Cook & Kufeld, L. L. P., New York City (James E. Schwartz of counsel), for The Real Estate Board of New York, Inc., amicus curiae.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, CIPARICK and WESLEY concur.


LEVINE, J.

Petitioner Germaine Gaines commenced this CPLR article 78 proceeding to challenge respondent New York State Division of Housing and Community Renewal's (DHCR) determination that the current landlord of her New York City rent-stabilized apartment was not liable for rent overcharges exacted by Cornelia Associates (Cornelia), a previous owner of the building.

Carryover liability for rent overcharges...

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