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GERARD v. SUPREME COMPANY

277 A.D.2d 154 (2000)

717 N.Y.S.2d 106

RAYMOND GERARD, Appellant, v. SUPREME COMPANY, Respondent.

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

Decided November 28, 2000.

The action to recover the rent overcharges collected by a prior landlord was properly dismissed in view of the documentary evidence establishing that defendant purchased the building at a judicial foreclosure sale, and in the absence of any evidence contradicting defendant's representation that it had no notice of the rent overcharge proceeding at the time of such purchase and immediately credited plaintiff for its portion of the...

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