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NUR ASHKI v. NYC LOFT BD.

108599/08, 3051, 3052.

80 A.D.3d 323 (2010)

911 N.Y.S.2d 356

In the Matter of NUR ASHKI JERRAHI COMMUNITY, Respondent-Appellant, v. NEW YORK CITY LOFT BOARD, Appellant-Respondent, and PATRICIA THORNLEY, Respondent-Appellant.

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

Decided November 30, 2010.

Attorney(s) appearing for the Case

Michael A. Cardozo , Corporation Counsel, New York City ( Jane L. Gordon , Edward F.X. Hart and Kristin M. Helmers of counsel), for appellant-respondent.

Belkin Burden Wenig & Goldman, LLP, New York City ( Joseph Burden , Robert A. Jacobs , Sherwin Belkin and Magda L. Cruz of counsel), for Nur Ashki Jerrahi Community, respondent-appellant.

Simon, Eisenberg & Baum, LLP, New York City ( Sheldon Karasik and Harry J. Gaffney of counsel), for Patricia Thornley, respondent-appellant.

ANDRIAS, J.P., SAXE, SWEENY and NARDELLI, JJ., concur.

OPINION OF THE COURT

CATTERSON, J.

The issue raised by the New York City Loft Board in this CPLR article 78 proceeding is whether the four-year statute of limitations in CPLR 213-a, titled "Actions to be commenced within four years; residential rent overcharge," applies to overcharge claims brought by Loft Law-covered tenants. We find that the rationale that led this Court to conclude recently in Matter of Hicks v New York State Div. of Hous. & Community...

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