An Upper Manhattan apartment renter claiming rent-overcharge damages tied to claims that his apartment had been wrongfully deregulated should not have been granted rent-overcharge summary judgment because he never presented evidence that he was overcharged during the four years before he filed suit, a state appeals court has ruled.

An Appellate Division, First Department panel has decided that the renter, Odilson Fuentes, cannot recover at summary judgment for rent overcharges, despite a correct lower-court ruling that he was entitled to a rent-stabilized apartment, because “he failed to present evidence of rent overcharge [during the] four years prior to the commencement of [his] lawsuit in January 2014.”

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