ROSSMAN v. WINDERMERE OWNERS LLC

108350/2011. Appeal No. 12031. Case No. 2019-2688.

187 A.D.3d 527 (2020)

134 N.Y.S.3d 13

2020 NY Slip Op 05705

Arnold Rossman, Respondent, v. Windermere Owners LLC et al., Appellants.

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

Decided October 13, 2020.


The evidence at trial supported a declaration that plaintiff was entitled to a rent-stabilized lease and damages for rent overcharges, treble damages, and attorneys' fees. The trial court determined, relying on plaintiff's expert's testimony, that the work listed in the invoices proffered by defendants either was not performed as described or constituted a repair rather than an improvement. Defendants did not call their principal or any other witness to rebut the expert testimony...

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