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MATTER OF BERGEN REALTY & MGT., LLC v. NEW YORK STATE DIV. OF HOUS. & COMMUNITY RENEWAL

2018-09588. Index No. 2983/17.

190 A.D.3d 728 (2021)

135 N.Y.S.3d 871

2021 NY Slip Op 00168

In the Matter of Bergen Realty & Management, LLC, Appellant, v. New York State Division of Housing and Community Renewal et al., Respondents.

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

Decided January 13, 2021.

Attorney(s) appearing for the Case

Sidrane, Schwartz-Sidrane, Perinbasekar & Littman, LLP, Rockville Centre, NY ( Michael Littman of counsel), for appellant.

Mark F. Palomino , New York, NY ( Susan E. Kearns of counsel), for respondent New York State Division of Housing and Community Renewal.

Himmelstein, McConnell, Gribben, Donoghue & Joseph, LLP, New York, NY ( David Hershey-Webb of counsel), for respondents Lee Irvine and Carolyn Irvine.

Mastro, A.P.J., Austin, Hinds-Radix and Wooten, JJ., concur.

Ordered that the judgment is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

In October 2012, Lee Irvine and Carolyn Irvine (hereinafter together the Irvines), tenants in a residential apartment building owned by Bergen Realty & Management, LLC (hereinafter the petitioner), filed an administrative complaint alleging a rent overcharge. The Rent Administrator of the New York State Division of Housing and Community...

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