Scott v Rockaway Pratt, LLC
2011 NY Slip Op 04723 [17 NY3d 739]
June 7, 2011
Court of Appeals
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 7, 2011


[*1]
Christopher Scott, Appellant,
v
Rockaway Pratt, LLC, Respondent.

Decided June 7, 2011

Scott v Rockaway Pratt, LLC, 77 AD3d 60, reversed.

APPEARANCES OF COUNSEL

Legal Aid Society, Brooklyn (Stephen Myers, Patrick J. Langhenry and Steven Banks of counsel), for appellant.

Sidrane & Schwartz-Sidrane, LLP, Hewlett (Steven D. Sidrane of counsel), for respondent.

{**17 NY3d at 740} OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, with costs, order of Supreme Court, New York County, reinstated, and certified question answered in the negative. Supreme Court (24 Misc 3d 1231[A], 2009 NY Slip Op 51684[U]) properly held that calculation of the amount of rent overcharge should be made by reference to a 1982 rent reduction order, which remained in effect during the four-year limitations period (see Matter of Cintron v Calogero, 15 NY3d 347 [2010]).

Concur: Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.