78/79 YORK ASSOCS. v. RAND


180 Misc.2d 316 (1999)

691 N.Y.S.2d 875

78/79 York Associates, Appellant, v. Roland Rand, Respondent.

Supreme Court, Appellate Term, First Department.

April 19, 1999


Attorney(s) appearing for the Case

Amsterdam & Lewinter, New York City (Mark Lewinter and Charles J. Seigel of counsel), and Pennisi, Daniels & Norelli, L. L. P., Baldwin (Karen Schwartz-Sidrane and Sherrie Taylor of counsel), for appellant. Jeffrey S. Ween & Associates, New York City (Jeffrey S. Ween of counsel), for respondent. Marcia P. Hirsch, New York City (Martin B. Schneider of counsel), for New York State Division of Housing & Community Renewal, amicus curiae.

FREEDMAN, J. P., and DAVIS, J., concur.


Per Curiam.

Order dated January 28, 1998 affirmed, with $10 costs.

Tenant's rent overcharge counterclaim, interposed in October 1995, is not barred under amended CPLR 213-a or amended Rent Stabilization Law of 1969 (Administrative Code of City of NY) § 26-516 (a). Those statutes preclude examination of the rental history of the housing accommodation prior to the four-year period immediately preceding the filing...

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