Rent Overcharge Cases
Tan Holding Corp. v. Eklund, 33 AD3d 487, 823 NYS2d 31 (1st Dep’t 2006). [ LINK ]
Forrester v. American Package Co., Inc., 55 AD3d 787, -- NYS2d – (2d Dep’t 2008). [ LINK ]
American Package Co., Inc. v. Kocik, 55 AD3d 762, -- NYS2d – (2d Dep’t 2008). [ LINK ]
Sima Realty LLC v. Philips, 282 AD2d 394, 724 NYS2d 51 (1st Dep’t 2001).
In these four cases, David, representing residential loft tenants, defeated the landlord’s claim for rent or “use and occupancy” because the building lacked a proper certificate of occupancy.
Mengoni v. DHCR, 97 NY2d 630, 735 NYS2d 867 (2001).*
David successfully defended his client’s $200,000 rent overcharge award in the Court of Appeals.
Ramiah v. Neri, NYLJ, July 19, 1995, p. 27, col. 5 (Civ.Ct. NY Co.).
After trial, David’s clients won $85,000 on their rent overcharge claim and had their legal fees paid by the landlord.
Olavson v. DHCR, NYLJ, June 2, 1993, p. 27, col. 5 (Sup.Ct. NY Co.).
David overturned NYS Division of Housing and Community Renewal decision denying his client’s rent overcharge complaint by proving that landlord committed fraud. David eventually negotiated a $385,000 settlement of the overcharge claim.
*David represented tenant as counsel to Himmelstein McConnell Gribben Donoghue & Joseph.
