Liggett v. Lew Realty LLC, 180 N.Y.S.3d 115 (2022)

Citation: Liggett v. Lew Realty LLC, 180 N.Y.S.3d 115 (2022)
Parent Document: Liggett v. Lew Realty LLC, 180 N.Y.S.3d 115 (2022)
Jurisdiction: New York (state)
Effective Date: 2022-12-08
Original Source: https://www.courtlistener.com/opinion/9328646/liggett-v-lew-realty-llc/ ↗

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Defendant made two arguments to the motion court in support of its motion to dismiss the action, which the motion court properly rejected. First, it argued that plaintiff's claims were untimely. However, contrary to defendant's characterization, plaintiff does not challenge the fair market rent, but rather, the purported deregulated status of the apartment, to which no limitations period applies [FN6] (see Matter of Kostic v New York State Div. of Hous. & Community Renewal, 188 AD3d 569, 569 [1st Dept 2020]; Gersten v 56 7th Ave. LLC, 88 AD3d 189, 200-201 [1st Dept 2011]; see also Riverside Syndicate, Inc., 10 NY3d at 24 [a statute of limitations "does not make an agreement that was void at its inception valid by the mere passage of time"]).

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