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's submission of documentation of alleged improvements to the apartment after McKinney vacated do not constitute documentary evidence supporting dismissal because the permissible increase based on those improvements alleged by defendant ($335.08) only increased the rent above the high rent vacancy amount under the law at the time if the $1,650 figure is used as the initial legal regulated rent. Because plaintiff has sufficiently called into question the legality of the 2000 stipulation setting that initial legal regulated rent, I would vote to affirm the motion court's denial of defendant's motion to dismiss on that basis.THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT. ENTERED: December 8, 2022 Footnotes

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