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Posted by nyhawk on December 10, 2001 at 00:18:03:

In Reply to: Re: Yikes, question posted by JJ on December 08, 2001 at 23:15:36:

I did not say: "overcharge stops RPAPL745 deposit?" because that statute applies in the garden variety non-pay case in Housing Court. I was explaining what occurs when a Housing Court case is combined with a Civil Court or Supreme Court rent overcharge case. Anyways look at Bozzi v. Goldblatt, 160 A.D.2d 647, 559 N.Y.S.2d 264 (1st Dep't 1990) ("where the amount is in controversy and may be offset by rent overcharges alleged by plaintiff, he should not be required to deposit use and occupancy into court").

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Comments:
: I did not say: "overcharge stops RPAPL745 deposit?" because that statute applies in the garden variety non-pay case in Housing Court. I was explaining what occurs when a Housing Court case is combined with a Civil Court or Supreme Court rent overcharge case. Anyways look at Bozzi v. Goldblatt, 160 A.D.2d 647, 559 N.Y.S.2d 264 (1st Dep't 1990) ("where the amount is in controversy and may be offset by rent overcharges alleged by plaintiff, he should not be required to deposit use and occupancy into court").


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