SEARCH

Stoddard v. 21 Allen St. Corp.

Pre-HSTPA Law Applied, Tenant's Rent Overcharge Claims Time-Barred by Limitations Period

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The following e-filed documents, listed by NYSCEF document number (Motion 001) 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 were read on this motion to/for DISMISSAL. DECISION ORDER ON MOTION In this action plaintiff is seeking to recover damages for alleged rent overcharges since September 2013. In motion sequence number 001, defendant 21 Allen Street Corp., seeks an order pursuant to CPLR 3211(a)(5) and (7) dismissing plaintiff’s complaint. Plaintiff opposes the motion. BACKGROUND/CONTENTIONS Plaintiff Grant Stoddard (“tenant”) alleges four causes of action against defendant 21 Allen Street Corp., (“landlord”). In the first cause of action, tenant seeks money damages for alleged rent overcharges above the lawful rent in the amount of $67,526.04, from September 1, 2013 through February, 2019. Tenant also seeks treble damages due to landlord’s alleged willful overcharge. (NYSCEF Doc. No. 8, 32). In the second cause of action, tenant seeks a declaratory judgment, setting the lawful rent for the subject unit at $639.06 per month. (NYSCEF Doc. No. 8, 36). Tenant alleges fraud in the third cause of action, claiming that the landlord engaged in a “massive overcharge scheme”, by fraudulently failing to register the subject unit with DHCR for over a decade, failing to offer tenant a proper rent stabilized lease and renewals thereof, and by allegedly failing to offer tenant a form explaining why the subject unit would be destabilized in violation of the relevant law. (NYSCEF Doc. No. 8,

38-41). In the fourth cause of action, tenant seeks an award of reasonable legal fees. (Id. at

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

British Legal Awards 2024

November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.

Learn More

GlobeSt. Healthcare Real Estate 2024

December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!

Learn More

ThinkAdvisor LUMINARIES Awards 2024

December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.

Learn More

Associate General Counsel, Global Employment

Role TitleAssociate General Counsel, Global EmploymentGrade F13Reporting ToSenior Legal Counsel, Global EmploymentProgram/Tool/ Department/U...

Apply Now ›

Associate Attorney

Ryan & Conlon, LLP, is a boutique firm specializing in insurance defense. We are a small eclectic practice with a busy and fast paced en...

Apply Now ›

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL - NEW JERSEY OR NEW YORK OFFICESProminent mid-Atlantic law firm with multiple regional office lo...

Apply Now ›