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ROSE v. MONTT ASSETS

187 Misc.2d 497 (2000)

723 N.Y.S.2d 592

ALISON ROSE, Respondent, v. MONTT ASSETS, INC., et al., Appellants.

Supreme Court, Appellate Term, First Department.

November 21, 2000.

Attorney(s) appearing for the Case

David A. Kaminsky, P.C., New York City, for appellants.

Kossoff, Alper & Unger, New York City (Dawn R. Myers and Sally E. Unger of counsel), for respondent.

DAVIS and GANGEL-JACOB, JJ., concur; McCOOE, J. P., dissents in a separate memorandum.

OPINION OF THE COURT

Per Curiam.

Order entered February 10, 1999 affirmed, with $10 costs.

After surrendering the subject rent-stabilized apartment premises in September 1995, plaintiff commenced this plenary action in February 1996 to recover for alleged rent overcharges for the period January 1987 through September 1995. The claim was based upon defendant landlord's failure to comply with an extant...

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