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BASCOM v. 1875 ATL. AVE DEV., LLC

2021-07525, Index No. 502056/21.

2024 NY Slip Op 02515

TOREL BASCOM, ETC., Respondent, v. 1875 ATLANTIC AVE DEVELOPMENT, LLC, Appellant.

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

Decided May 8, 2024.

Attorney(s) appearing for the Case

Kucker Marino Winiarsky & Bittens, LLP, New York, NY ( Nativ Winiarsky of counsel), for appellant.

Newman Ferrara LLP, New York, NY ( Lucas A. Ferrara and Roger A. Sachar of counsel), for respondent.

Before: Colleen D. Duffy, J.P., Robert J. Miller, William G. Ford, Laurence L. Love, JJ.

DECISION & ORDER

In a putative class action, inter alia, to recover damages for rent overcharges, the defendant appeals from an order of the Supreme Court, Kings County (Richard Velasquez, J.), dated August 31, 2021. The order denied the defendant's motion pursuant to CPLR 3211(a) to dismiss the complaint.

ORDERED that the order is affirmed, with costs.

In 2021, the plaintiff, a tenant of a residential apartment building (hereinafter the building...

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