Independent 435 CPW Tenants' Assn. v. Park Front Apts., LLC, 2025 NY Slip Op 01716 (2025)

Citation: Independent 435 CPW Tenants' Assn. v. Park Front Apts., LLC, 2025 NY Slip Op 01716 (2025)
Parent Document: Independent 435 CPW Tenants' Assn. v. Park Front Apts., LLC, 2025 NY Slip Op 01716 (2025)
Jurisdiction: New York (state)
Effective Date: 2025-03-20
Original Source: https://www.courtlistener.com/opinion/10360824/independent-435-cpw-tenants-as... ↗

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Order and judgment (one paper), Supreme Court, New York County (Mary V. Rosado, J.), entered on or about June 2, 2023, which, insofar as appealed from as limited by the briefs, denied plaintiffs' motion for summary judgment and granted defendant's cross-motion for summary judgment dismissing plaintiffs' claims concerning apartments 1A, 1F, 1P, 1S, 3H, 3J, 3L, 3M, 4J, 4M, and 6A (together, Group 1), declared the Group 1 apartments not subject to rent stabilization, and dismissed the overcharge claims as to apartments 1B, 5P, and 1I, unanimously modified, on the law, as to plaintiffs' claims concerning the Group 1 apartments, to deny defendant's cross-motion, vacate the declaration that the apartments are not subject to rent stabilization, reinstate plaintiffs' claims, and grant plaintiffs' motion to the extent of declaring those apartments subject to rent stabilization and awarding summary judgment on overcharge liability; as to plaintiffs' overcharge claims concerning apartments 1B and 5P, to deny defendant's cross-motion, reinstate plaintiffs' claims, and grant plaintiffs' motion to the extent of awarding summary judgment on overcharge liability; and to direct that overcharge calculations disregard the rental history prior to the base date, and otherwise affirmed, without costs, and the matter remanded for further proceedings consistent with this decision.

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