Court of Appeals of New York

In re: Grimm, 171

In an article 78 proceeding challenging the Department of Housing and Community Renewal's determination denying administrative review of petitioner's rent overcharge complaint, the appellate division's grant of the petition is affirmed where the rationale employed in Thornton v Baron (5 NY3d 175 [2005]), which allowed the parties to look back farther than four years, applied in a situation where it was alleged that the standard base date rent was tainted by fraudulent conduct on the part of a landlord.

Appellate Information

• Decided 10/19/2010
• Published 11/04/2010

Judges

Court

• Court of Appeals of New York

Counsel

• For Appellant:
  
• Martin B. Schneider, Edward J. Josephson