CUPKA v. REMIK HOLDINGS LLC

Index No. 159054/18. Appeal No. 15250-15250A. Case No. 2021-01865, 2021-01868.

202 A.D.3d 473 (2022)

2022 NY Slip Op 00812

Dorothy Cupka et al., Appellants, v. Remik Holdings LLC, Respondent.

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

Decided February 8, 2022.


Attorney(s) appearing for the Case

Grimble & LoGuidice, LLP, New York ( Robert Grimble of counsel), for appellants.

Warshaw Burstein LLP, New York ( Maxwell Breed of counsel), for respondent.

Concur—Renwick, J.P., Mazzarelli, Friedman, Singh, Pitt, JJ.


This rent overcharge action brought by residential tenants is premised on allegations that defendant-landlord unlawfully deregulated apartments while receiving J-51 benefits. Plaintiffs moved for class certification and other relief, submitting, as relevant here, their amended complaint, which was verified by two plaintiffs and thus, should have been considered as an affidavit from those plaintiffs (CPLR 105[u]). Plaintiffs also submitted defendants' tax bills from the New...

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