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RADEN v. W 7879, LLC

6755N. 111725/10. 6754.

164 A.D.3d 440 (2018)

84 N.Y.S.3d 30

2018 NY Slip Op 05799

Joel Raden et al., Appellants, v. W 7879, LLC, et al., Respondents.

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

Decided August 16, 2018.

In 2010, pursuant to Roberts v Tishman Speyer Props., L.P. (13 N.Y.3d 270 [2009]), defendants determined that plaintiffs' previously rent-stabilized apartment had been improperly deregulated and that plaintiffs were entitled to a rent adjustment and a rent overcharge payment. Defendants calculated the overcharge according to Rent Stabilization Code (9 NYCRR) § 2526.1, which provides that "[t]he legal regulated rent for purposes...

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