Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Conason v. Megan Holding, LLC, 25 N.Y.3d 1 (2015)

Citation
Conason v. Megan Holding, LLC, 25 N.Y.3d 1 (2015)
Parent Document
Conason v. Megan Holding, LLC, 25 N.Y.3d 1 (2015)
Jurisdiction
New York (state)
Effective Date
2015-02-24

Other Sections in This Document (58)

Full Text

1,003 chars
Referring to Thornton, the Judge reiterated that she was required to dismiss tenants’ overcharge claim without prejudice because they had not submitted proof of the lowest rent charged for a comparable apartment on the base date (Thornton, 5 NY3d at 179-180, 180 n 1 [where no reliable rent history is available, the courts must apply DHCR’s default formula and set the rent on the base date as the lowest rent charged *10for a rent-stabilized apartment with the same number of rooms in the same building as the subject apartment]). The Judge did, however, find “ample evidence” that Megan had breached the warranty of habitability from January 2004 through the time of trial. Accordingly, Civil Court awarded tenants damages in the principal sum of $23,249.76 in rent abatement, and ordered Megan to correct any remaining outstanding code violations on or before May 15, 2011. And after a hearing, on July 6, 2011, Civil Court also awarded attorneys’ fees to tenants in the principal sum of $53,193.75.