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BREEN v. 330 EAST 50TH PARTNERS, L.P.

4780, 155244/15.

154 A.D.3d 583 (2017)

61 N.Y.S.3d 902

2017 NY Slip Op 07402

KRISTIN BREEN, Appellant, v. 330 EAST 50TH PARTNERS, L.P., et al., Respondents.

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

Decided October 24, 2017.

The motion court correctly dismissed the rent overcharge claim, as plaintiff did not meet her burden of coming forward with any indicia of fraud to warrant looking beyond the limitations period for an improper increase in rent (see Matter of Grimm v State of N.Y. Div. of Hous. & Community Renewal Off. of Rent Admin., 15 N.Y.3d 358 [2010]; Matter of Boyd v New York State Div. of Hous. & Community Renewal,

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