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Appellate Division, First Department:August 20, 2020

Appellate Division, First Department:August 20, 2020

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By Manzanet-Daniels, J.P., Gische, Webber, Moulton, JJ.

450153/14. ODILSON FUENTES,plf-res, v. KWIK REALTY LLC, def-app — HoringWelikson Rosen &Digrugillers, P.C., Williston Park (Richard T. Walsh of counsel), for appellant — Northern Manhattan Improvement Corp. Legal Services, New York (Matthew J. Chachère of counsel), for respondent — Order, Supreme Court, New York County (Ellen Coin, J.), entered October 19, 2017, amending a prior order, same court and Justice, entered October 17, 2017, which, insofar as appealed from, granted plaintiff partial summary judgment on his claim for rent overcharge and declared that his initial lease was subject to rent stabilization, solely to the extent of referring the matter to a referee or judicial hearing officer to hear and report at the earliest availability, unanimously modified, on the law, to deny plaintiff summary judgment on his claim for rent overcharge, and to vacate the order of reference, and otherwise affirmed, without costs. Plaintiff Odilson Fuentes is the tenant of apartment five in the building located at 520 West 183rd Street in New York, NY, owned by defendant Kwik Realty LLC. The building consists of 48 residential apartments, and is subject to the Rent Stabilization Law.

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