Posted by JJ on December 11, 2001 at 23:38:18:
In Reply to: case posted by nyhawk on December 10, 2001 at 00:18:03:
: 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").
thanks: found some reference to it: works for holdovers (that's when I read U&O mostly). probably would work to prevent pressuring pro se tenants into stipulations in non-pay, but they mostly don't have O/C cases pending.....
Note: Posting is disabled in all archives
Post a Followup