GARVEY RICH, Respondent,
v.
EAST 10th STREET ASSOCIATES LLC, Formerly Known as EAST 10TH STREET ASSOCIATES, et al., Defendants, and
256 EAST 10TH STREET NY, LLC, Appellant.
CHRISTOPHER SCOTT, Respondent,
v.
ROCKAWAY PRATT, LLC, Appellant.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided July 27, 2010.
Decided July 27, 2010.
Attorney(s) appearing for the Case
Sidrane & Schwartz-Sidrane, LLP, Hewlett ( Steven D. Sidrane of counsel), for appellants.
Christopher D. Lamb, MFY Legal Services, Inc., New York City ( Kristin M. McNamara of counsel), for Garvey Rich, respondent.
FRIEDMAN, SWEENY and NARDELLI, JJ., concur with ABDUS-SALAAM, J.; TOM, J.P., dissents in a separate opinion.
Appellate Division of the Supreme Court of New York, First Department.
OPINION OF THE COURT
ABDUS-SALAAM, J.
In these actions for rent overcharges paid under leases subject to the Rent Stabilization Law of 1969, the motion courts held that rent reduction orders issued prior to the four-year statute of limitations of CPLR 213-a, and remaining in effect during the limitations period, should be used to determine the base rent for purposes of calculating the amount of the overcharges....
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