Court to Set Amount of Monthly Use and Occupancy Based on DHCR Determination of Legal Rent

LVT Number: #30266

Landlord sued tenants for ejectment and to recover damages for use and occupancy. The court ruled for landlord in part, entering a default judgment against tenants, but denied landlord's request for prospective use and occupancy while the case was pending. Landlord and tenant both appealed, and the appeals court reversed the decision.

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Esposito v. Larig: Index No. 2017-10057 (517226/16), 2019 NY Slip Op 05515 (App. Div. 2 Dept.; 7/10/19; Scheinkman, PJ, Chambers, Austin, Duffy, JJ)