Hess v. Edr Assets LLC

Decision Date09 April 2019
Docket Number8940,Index 160494/17
Citation95 N.Y.S.3d 805 (Mem),171 A.D.3d 498
Parties Michele E. HESS, et al., Plaintiffs–Respondents, v. EDR ASSETS LLC, et al., Defendants–Appellants.
CourtNew York Supreme Court — Appellate Division

Katsky Korins LLP, New York (Adrienne B. Koch of counsel), for appellants.

Newman Ferrara LLP, New York (Roger Sachar of counsel), for respondents.

Renwick, J.P., Richter, Tom, Kahn, Moulton, JJ.

The court properly found that the second and third causes of action of the complaint were not moot because there was a justiciable issue regarding the proper method of calculating the amount of the rent overcharges, which, based on the record before the court, DHCR did not determine.

The court did not improvidently exercise its discretion in denying plaintiffs' cross motion for class action status with leave to renew following discovery, based on issues raised by defendants concerning the typicality of a named representative. The court correctly determined that there were common questions of law and fact that predominated over individual issues, such as the proper method of calculating the amount of the rent overcharges and whether defendants engaged in a fraudulent scheme to deregulate the apartments. Moreover, the Court of Appeals has found that class action treatment was superior to individual adjudication in similar situations (see Borden v. 400 E. 55th St Assoc., L.P., 24 N.Y.3d 382, 400, 998 N.Y.S.2d 729, 23 N.E.3d 997 [2014].

We reject respondent's request for dismissal of this action on the ground that DHCR...

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4 cases
  • Marcondes v. Fort 710 Assocs., L.P.
    • United States
    • New York Supreme Court
    • 14 June 2022
    ... ... class" ( Borden , 24 N.Y.3d at 399 [internal ... quotation marks and citation omitted]; see also Hess v ... EDR Assets LLC , 171 A.D.3d 498, 498 [1st Dept 2019] ... [citing Borden ]) ...          More ... recently, in Maddicks (34 ... ...
  • Bien-Aime v. Been
    • United States
    • New York Supreme Court — Appellate Division
    • 9 April 2019
  • Stafford v. A&E Real Estate Holdings, INDEX NO. 655500/2016
    • United States
    • New York Supreme Court
    • 11 October 2019
    ...in the first instance by the courts." Dugan v. London Terrace Gardens, L.P., 101 A.D.3d 648, 648 (1st Dep't 2012); Hess v. EDR Assets LLC, 171 A.D.3d 498, 498 (1st Dep't 2019) ("reject[ing] respondent's request for dismissal of this action on the ground that DHCR has primary jurisdiction si......
  • People v. Smith
    • United States
    • New York Supreme Court — Appellate Division
    • 9 April 2019

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