BOGATIN v. WINDERMERE OWNERS LLC

8093, 103489/11.

98 A.D.3d 896 (2012)

950 N.Y.S.2d 707

2012 NY Slip Op 6265

MARC BOGATIN, Respondent, v. WINDERMERE OWNERS LLC et al., Appellants.

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

September 25, 2012.


The court properly looked beyond the four-year period prior to the filing of the rent overcharge complaint (see CPLR 213-a; Rent Stabilization Law of 1969 [Administrative Code of City of NY] § 26-516 [a] [2]) since, in opposition to defendants' motion to dismiss the complaint, plaintiff presented sufficient evidence that defendants had engaged in a fraudulent scheme to remove the subject apartment from rent regulation (see Matter of Grimm v State of N.Y. Div...

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