Johnson v. S.W. Management, LLC

Full title: Jeffrey JOHNSON, Plaintiff–Appellant, v. S.W. MANAGEMENT, LLC, et al.…

Court: Supreme Court, Appellate Division, First Department, New York.

Date published: Feb 25, 2014

114 A.D.3d 590 (N.Y. App. Div. 2014)

2014 N.Y. Slip Op. 1275

981 N.Y.S.2d 65

Opinion

2014-02-25

Jeffrey JOHNSON, Plaintiff–Appellant, v. S.W. MANAGEMENT, LLC, et al., Defendants, 78/79 York Associates, LLC, Defendant–Respondent.

Jeffrey Johnson, New York, appellant pro se. Gartner & Bloom P.C., New York (Elizabeth Knapp–Demler of counsel), for respondent.

SWEENY

Jeffrey Johnson, New York, appellant pro se. Gartner & Bloom P.C., New York (Elizabeth Knapp–Demler of counsel), for respondent.
SWEENY, J.P., ANDRIAS, MOSKOWITZ, DeGRASSE, GISCHE, JJ.

Order, Supreme Court, New York County (Joan A. Madden, J.), entered March 8, 2013, which, insofar as appealed from as limited by the briefs, denied plaintiff's motion for summary judgment on his second cause of action for a rent overcharge, unanimously affirmed, without costs.

Plaintiff's motion for summary judgment on his rent overcharge claim was properly denied. Although the parties' lease erroneously stated that the subject apartment was not rent-regulated, plaintiff failed to establish as a matter of law that the rent charged exceeded the statutory legal regulated rent.