| Lirakis v 180 Seventh Ave. Assoc. LLC |
| 2005 NY Slip Op 51999(U) [10 Misc 3d 131(A)] |
| Decided on December 8, 2005 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff appeals from an order of the Civil Court, New York County (Donna Recant J.), dated April 29, 2004, which granted defendant's motion to dismiss the complaint.
PER CURIAM:
Order (Donna Recant, J.), dated April 29, 2004, reversed, with $10 costs, motion denied, and complaint reinstated.
Civil Court erred in dismissing the plaintiff-tenant's overcharge claim without prejudice to renewal before DHCR. Tenant was authorized to pursue the rent overcharge complaint in Civil Court, which has concurrent jurisdiction to adjudicate rent overcharge complaints (see Emergency Tenant Protection Act § 12 [L 1974, ch 576 §4, as amended]; McKinney's Uncons Laws of NY §8632[a][1][f]; Smitten v 56 MacDougal St., 167 AD2d 205, 206 [1990]). This is a rent overcharge proceeding, and not, as landlord contended, a fair market rent appeal.
To the extent that landlord contests the rental history provided by tenant or the rent regulatory status of the apartment during the relevant four-year period of inquiry, these issues are properly addressed in further proceedings within this action.
This constitutes the decision and order of the court.
Decision Date: December 08, 2005