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BUSBEE v. KEN-ROB COMPANY

280 A.D.2d 406 (2001)

720 N.Y.S.2d 785

CHERYL BUSBEE, Appellant, v. KEN-ROB COMPANY et al., Respondents.

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

Decided February 22, 2001.

Tenant is entitled, under CPLR 5001 (a), to recover prejudgment interest on the refund of the excess rent that was awarded to her in her fair market rent appeal (see, Paganuzzi v Primrose Mgt. Co., 268 A.D.2d 213), computed from the midpoint of the period during which she paid such excess rent (see, CPLR 5001 [b]) to the date the landlord paid her the principal amount of the refund...

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