| Stoltz v Gilbert |
| 2006 NY Slip Op 52199(U) [13 Misc 3d 137(A)] |
| Decided on November 22, 2006 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from so much of an order of the Civil Court, New York County (Diane A. Lebedeff, J.), dated November 9, 2005, as denied his motion for summary judgment dismissing the complaint as time-barred.
PER CURIAM:
Order (Diane A. Lebedeff, J.), dated November 9, 2005, reversed, with $10 costs, motion granted and complaint dismissed. The Clerk is directed to enter judgment accordingly.
"The four-year Statute of Limitations applicable to both administrative and judicial rent overcharge claims, by its terms, commences to run with the first overcharge alleged'" (Mozes v Shanaman, 21 AD3d 854 [2006], lv denied 6 NY3d 715 [2006], quoting Brickerhoff v New York State Div. of Hous. & Community Renewal, 275 AD2d 622 [2000], lv denied 96 NY2d 712 [2001]). Inasmuch as the first overcharge alleged by plaintiff tenant occurred no later than 1996, this action commenced in 2003 is time-barred (see Rent Stabilization Law [Administrative Code of City of NY] § 26-515[a]; CPLR 213-a).
This constitutes the decision and order of the court.
Decision Date: November 22, 2006