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JEKIELEK v. 260 PARTNERS, LP

Index No. 161176/17. Appeal No. 1125. Case No. 2023-02106.

221 A.D.3d 565 (2023)

198 N.Y.S.3d 552

2023 NY Slip Op 06203

Kyle Jekielek et al., Respondents, v. 260 Partners, LP, Appellant.

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

Decided November 30, 2023.

Attorney(s) appearing for the Case

Rose & Rose, New York ( Paul Coppe of counsel), for appellant.

Zingman & Associates PLLC, New York ( Mitchell S. Zingman of counsel), for respondents.

Concur—Kapnick, J.P., Webber, Singh, Moulton, Scarpulla, JJ.

Order, Supreme Court, New York County (Arlene P. Bluth, J.), entered October 24, 2022, which granted plaintiffs' motion for summary judgment on their rent overcharge claims and set the matter down for a hearing to calculate damages under the default formula set forth in Rent Stabilization Code (RSC) (9 NYCRR) § 2522.6(b)(3), unanimously modified, on the law, to deny the motion with respect to the calculation of damages based on the default formula, to clarify that the...

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