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SMOKE v. WINDERMERE OWNERS LLC

15471, 113051/11

130 A.D.3d 522 (2015)

12 N.Y.S.3d 885

2015 NY Slip Op 06195

GARY SMOKE, Appellant, v. WINDERMERE OWNERS LLC et al., Respondents.

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

Decided July 21, 2015.

The court found defendant Windermere Owners LLC liable for rent overcharges based on its inability to provide adequate documentation for the improvements that were the basis for removing plaintiff's apartment from rent stabilization. However, since the improvements were made more than a decade ago and many years before the building was acquired from Windermere Chateau, Inc., the prior owner, triable issues of fact exist as to Windermere...

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