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Gravante v. Gennaro Lombardi Corp.

Appellate Division of the Supreme Court of New York, First Department
Jun 11, 1996
228 A.D.2d 231 (N.Y. App. Div. 1996)

Opinion

June 11, 1996

Appeal from the Supreme Court, New York County (Elliott Wilk, J.).


The IAS Court properly interpreted and applied Rent Stabilization Code (9 N.Y.CRR) § 2526.1 (f) (1), which provides that a purchaser at a judicial sale is exempt from liability for overcharges of previous owners if, inter alia, "no records sufficient to establish the legal regulated rent were provided at a judicial sale". In light of the court's broad discretion in presiding over foreclosure proceedings ( see, e.g., Notey v. Darien Constr. Corp., 41 N.Y.2d 1055), and since records establishing the legal rent are in the file of this action and available to any potential purchaser of the property, it was not inappropriate for the IAS Court to direct that potential purchasers be notified of the legal rent and the resulting potential liabilities.

We have considered plaintiff's other contentions and find them to be without merit.

Concur — Sullivan, J.P., Ellerin, Rubin, Kupferman and Nardelli, JJ.


Summaries of

Gravante v. Gennaro Lombardi Corp.

Appellate Division of the Supreme Court of New York, First Department
Jun 11, 1996
228 A.D.2d 231 (N.Y. App. Div. 1996)
Case details for

Gravante v. Gennaro Lombardi Corp.

Case Details

Full title:NICHOLAS A. GRAVANTE, P.C., EMPLOYEE PENSION FUND, Appellant, v. GENNARO…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 11, 1996

Citations

228 A.D.2d 231 (N.Y. App. Div. 1996)
643 N.Y.S.2d 113

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