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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

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Defendants interpret section 213-a to mean that “after four years of having first paid an allegedly unlawful rent, recovery for rent overcharge is time[-]barred” (emphasis added). Stated slightly differently, they take the position that an overcharge claim invariably accrues when a tenant first pays allegedly unlawful rent. Consequently, they reason, because Conason’s tenancy began on November 1, 2003, the statute of limitations on tenants’ overcharge claim expired on October 31, 2007, about a year and a half before Megan commenced the summary nonpayment proceeding.5 Conversely, tenants contend that they may recover any overcharges that they paid during the four-*13year period immediately preceding Conason’s rent challenge. Our decisions in Thornton and Grimm dictate the resolution of the parties’ dispute about how the four-year statute of limitations in CPLR 213-a works in this case.