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VAZQUEZ v. SICHEL

12 Misc.3d 604 (2005)

814 N.Y.S.2d 482

JAIME VAZQUEZ, Plaintiff, v. FRED SICHEL, Defendant.

Civil Court of the City of New York, New York County.

December 2, 2005.

Attorney(s) appearing for the Case

Belkin, Wenig & Goldman, LLP, New York City (Edward Baer of counsel), for defendant.

Collins, Dobkin & Miller LLP, New York City (Seth Miller of counsel), for plaintiff.

OPINION OF THE COURT

LUCY BILLINGS, J.

I. Background

Plaintiff tenant sues to recover a rent overcharge. He challenges his landlord's "Individual Apartment Improvement" (IAI) increase in the rent level. Defendant landlord moves to dismiss the complaint, based on the court's lack of subject matter jurisdiction to determine plaintiff's claim. (CPLR 3211 [a] [2].) For the reasons explained below, the court denies defendant's motion and...

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