Myers v. Frankel
| Decision Date | 25 March 2002 |
| Citation | 292 A.D.2d 575,740 N.Y.S.2d 366 |
| Parties | SHIRLEY MYERS et al., Appellants,<BR>v.<BR>CHRISTIAN A. FRANKEL et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the order of the Appellate Term is modified, on the law, by (1) deleting the provision thereof affirming the denial of the plaintiffs' motion for summary judgment dismissing the defendants' counterclaim for rent overcharges and substituting therefor a provision granting the motion, and (2) deleting the provision thereof granting the defendants' cross motion for summary judgment on their counterclaim for rent overcharges and substituting therefor a provision denying that cross motion; as so modified, the order is affirmed, with costs to the plaintiffs.
We agree with the plaintiffs' contention that the defendants' counterclaim to recover damages for a rent overcharge, which accrued in April 1990, when the defendants first entered into possession of the rent-stabilized apartment at issue and paid an allegedly excessive rent, was time barred as it was not filed until April 1995. The four-year statute of limitations applicable to rent overcharge claims commenced running with the first overcharge alleged, and Rent Stabilization Law of 1969 (Administrative Code of City of NY) § 26-516, as amended by the New York Rent Regulation Reform Act of 1997 (L 1997, ch 116, § 33) precludes examination of the rent history of the apartment prior to the four-year period preceding the filing of the rent overcharge claim (see Payne v New York State Div. of Hous. & Community Renewal, 287 AD2d 415; Silver v Lynch, 283 AD2d 213; Matter of Sessler v New York State Div. of Hous. & Community Renewal, 282 AD2d 262; Matter of Brinckerhoff v New York State Div. of Hous. & Community Renewal, 275 AD2d 622).
In light of our determination, we do not reach the plaintiffs' remaining contentions.
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