1443 York Avenue Realty Co. v. Ronning

Judge Rakower

1443 YORK AVENUE REALTY CO. v. RONNING — This consolidated action arises out of claims by a landlord, tenants and the tenants’ guarantor for rent allegedly owed when tenants vacated the premises three months prior to the expiration of their lease. The tenants claim that the landlord wilfully overcharged them rent in violation of the rent stabilization law, for which they seek reimbursement for their overpayment and treble damages. Now, more than three years after the landlord commenced its action, more than two years after the tenants commenced their action and the parties stipulated to consolidation of those cases, and after completion of discovery, tenants move for summary judgment alleging that there are no issues of material fact regarding the landlord’s wilful rent overcharge. In response, and for the first time, landlord cross-moves to dismiss the tenant’s claims against it on the ground that the claim as stated in their original action exceeds this court’s jurisdictional limits.