Opinion
May 29, 1997
Appeal from Supreme Court, New York County (Leland DeGrasse, J.),
Record support and a rational basis exist for respondent's findings that petitioner failed to produce a credible rent history despite ample opportunity to do so, justifying use of the default formula for establishing the legal regulated rent ( Matter of 61 Jane St. Assocs. v. New York City conciliation Appeals Bd., 65 N.Y.2d 898), and that petitioner failed to establish the nonwillfulness of the resulting overcharge, justifying the imposition of treble damages ( Matter of Century Tower Assocs. v. State of N.Y. Div. of Hous. Community Renewal, 83 N.Y.2d 819, 823). We have considered petitioner's remaining arguments and find them to be without merit.
Concur — Rosenbeger, J.P., Ellerin, Rubin, Williams and Andrias, JJ.