Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered October 26, 2011, which, upon reargument, adhered to a prior order, same court and Justice, entered June 20, 2011, granting plaintiff's motion for class certification, affirmed, without costs. Appeal from the prior order, dismissed, without costs, as academic.
Plaintiff's rent overcharge claim did not seek a "penalty" within the meaning of CPLR 901 (b), because she waived her right to treble damages...
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