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.
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)