Grady v. Hessert Realty L.P., 2019 NY Slip Op 8598 (2019)

Citation: Grady v. Hessert Realty L.P., 2019 NY Slip Op 8598 (2019)
Parent Document: Grady v. Hessert Realty L.P., 2019 NY Slip Op 8598 (2019)
Jurisdiction: New York (state)
Effective Date: 2019-12-03
Original Source: https://www.courtlistener.com/opinion/4683577/grady-v-hessert-realty-lp/ ↗

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The motion court granted plaintiff's motion for summary judgment and denied defendants' cross motion. The court, while finding scant evidence of fraud, determined that the last legal, registered rent was $1,022.92, and therefore, plaintiff's rent was frozen at that amount. The court also found that because defendants were collecting overcharges prior to lawfully registering the apartment, they were not entitled to any increases in rent. Accordingly, the court calculated the overcharges from the base date of May 2013 to be the difference between $1,022.92 and the monthly rent charged through April 2017. The motion court also found that plaintiff was entitled to attorneys' fees and treble damages.

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