| Johnson v S.W. Mgt., LLC |
| 2014 NY Slip Op 01275 [114 AD3d 590] |
| February 25, 2014 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Jeffrey Johnson, Appellant, v S.W. Management, LLC, et al., Defendants, and 78/79 York Associates, LLC, Respondent. |
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Gartner & Bloom P.C., New York (Elizabeth Knapp-Demler of counsel), for
respondent.
Order, Supreme Court, New York County (Joan A. Madden, J.), entered March 8, 2013, which, insofar as appealed from as limited by the briefs, denied plaintiff's motion for summary judgment on his second cause of action for a rent overcharge, unanimously affirmed, without costs.
Plaintiff's motion for summary judgment on his rent overcharge claim was properly denied. Although the parties' lease erroneously stated that the subject apartment was not rent-regulated, plaintiff failed to establish as a matter of law that the rent charged exceeded the statutory legal regulated rent. Concur—Sweeny, J.P., Andrias, Moskowitz, DeGrasse and Gische, JJ.