MOZES v. SHANAMAN (2005)

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

Alan V. MOZES, Plaintiff-Appellant, v. Deborah SHANAMAN, Defendant-Respondent.
Michael Drexler, Plaintiff-Appellant, v. Mihai Popa, Defendant-Respondent.
Reiner M. Leist, et al., Plaintiffs-Appellants, v. Carol Wolff, Defendant-Respondent.

Decided: September 29, 2005

FRIEDMAN, J.P., SULLIVAN, NARDELLI, GONZALEZ, SWEENY, JJ.

Himmelstein McConnell Gribben Donoghue & Joseph, New York (David E. Frazer of counsel), for appellants. Grad & Weinraub, LLP, New York (David A. Weinraub of counsel), for respondents.

Order, Supreme Court, New York County (Edward H. Lehner, J.), entered August 5, 2004, which, in these actions consolidated for the disposition of the subject summary judgment motions, granted the motions of defendant landlords for summary judgment dismissing the complaints as time-barred, unanimously affirmed, with costs.

“The four-year Statute of Limitations applicable to both administrative and judicial rent overcharge claims, by its terms, commences to run with the ‘first overcharge alleged’ ” (Matter of Brinckerhoff v. New York State Div. of Hous. & Community Renewal, 275 A.D.2d 622, 713 N.Y.S.2d 56 [2000] [internal citations omitted], lv. denied 96 N.Y.2d 712, 729 N.Y.S.2d 439, 754 N.E.2d 199 [2001] ). Since the first overcharges alleged by plaintiff tenants occurred no later than 1996, these actions commenced in 2003 are time-barred (CPLR 213-a).

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