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RUGGERINO v. PRINCE HOLDINGS 2012, LLC

8488, 156640/16.

170 A.D.3d 568 (2019)

96 N.Y.S.3d 551

2019 NY Slip Op 02264

Francesco Ruggerino et al., Respondents, v. Prince Holdings 2012, LLC, Appellant, et al., Defendants.

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

Decided March 26, 2019.

The court erred as a matter of law by granting the tenants partial summary judgment on their cause of action for rent overcharge because most of the arguments the motion court considered were raised for the first time in reply.

Rent Stabilization Code (9 NYCRR) § 2520.11 (r) (10) (i) permits rent increases for post-vacancy individual apartment improvements (IAI). Furthermore, a vacancy increase can be included when...

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