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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Montera v. KMR Amsterdam LLC, 193 A.D.3d 102 (2021)

Citation
Montera v. KMR Amsterdam LLC, 193 A.D.3d 102 (2021)
Parent Document
Montera v. KMR Amsterdam LLC, 193 A.D.3d 102 (2021)
Jurisdiction
New York (state)
Effective Date
2021-02-09

Other Sections in This Document (57)

Full Text

380 chars
"[T]he limitations provisions — in order to promote repose — precluded consideration of overcharges prior to the recovery period (former RSL § 26-516[a][2]; former CPLR 213-a), and it is clear from Boyd that use of a potentially inflated base date rent, flowing from an overcharge predating the limitations and lookback period, was proper in the absence of fraud" (Regina at 360).