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Goldfeder v. Cenpark Realty

Court Finds No Fraud, or Overcharge by Landlord; Dismissal of Tenant's Complaint Granted

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 Motion sequence numbers 001 and 002 are consolidated for disposition. In motion sequence No. 001, Plaintiffs Jerry Goldfeder and Alice Yaker move for (a) summary judgment, pursuant to CPLR 3212, (b) the dismissal of Defendants’ affirmative defenses, pursuant to CPLR 3211(b), and (c) an award of overcharges, treble damages, legal fees, and interest. In motion sequence number 002, Defendants Cenpark Realty LLC and Argo Real Estate LLC move (a) for summary judgment, pursuant to CPLR 3212, dismissing Plaintiffs’ overcharge claims and/or determining that the four-year look-back rule set forth in CPLR 213-a, Rent Stabilization Law (RSL) §26-516(a) and (g) and Rent Stabilization Code (RSC) §2526.1(a)(2) for residential overcharge cases applies in this action; and (b) permitting Defendants to amend the New York State Division of Housing and Community Renewal (DHCR) Apartment Rent Regulations.BACKGROUNDOn or about March 17, 2009, Plaintiffs entered a lease for apartment 16F (the Apartment) located at 360 Central Park West, New York, New York (the Building) at a monthly rent of $5,000.00 from April 1, 2009 to March 31, 2011 (the initial lease) (complaint,

7, 16; Plaintiffs’ Exhibit F). Prior to Plaintiffs’ occupancy of the Apartment, a rent-controlled tenant resided there for many years and vacated the Apartment in or about 2008 (complaint,

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