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SCIARRA v. 531 EAST 83RD STREET OWNERS CORP.

8 A.D.3d 159 (2004)

779 N.Y.S.2d 66

TONI SCIARRA, Also Known as TONI SCIARRA POYNTER, Respondent, v. 531 EAST 83RD STREET OWNERS CORP. et al., Appellants.

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

June 22, 2004.

Successor landlords are not generally liable for excess rent collected by predecessor landlords, as determined in an FMRA order. This is unless they had an opportunity to participate in the FMRA, in which event they are subject to joint and several liability for the excess rent collected by their predecessors (see Fullan v 142 E. 27th St. Assoc., 1 N.Y.3d 211, 215 [2003]). On this record, it cannot be determined whether defendants...

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