GERARD v. CLERMONT YORK ASSOCIATES LLC

1838, 101150/10.

143 A.D.3d 478 (2016)

2016 NY Slip Op 06550

38 N.Y.S.3d 194

PAULA GERARD et al., Respondents, v. CLERMONT YORK ASSOCIATES LLC, Appellant.

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

Decided October 6, 2016.


Plaintiffs in this action for rent overcharges are tenants at a rental apartment building owned by defendant. Plaintiffs seek to certify a class of current, former, and future tenants whose formerly rent-stabilized apartments were deregulated even though the building owner was receiving J-51 tax abatement benefits.

The motion court providently exercised its discretion in deeming the motion for class certification, which was filed 17 days after the stipulated deadline...

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