Ordered that the order is affirmed, with costs.
The Appellate Term properly determined that the appellant's motion for summary judgment on his counterclaim for rent overcharges and treble damages against the petitioner should have been denied as there is no evidence that the petitioner had notice of the underlying administrative proceeding which awarded the appellant those damages. This factor takes this case out of the purview of 9 NYCRR 2526.1 (f) (2) (cf. Brea...
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