Court Bound by Prior Ruling

August 31, 2004

LVT Number: 17560

Tenant sued landlord, claiming a rent overcharge. The court ruled for tenant. Landlord appealed, claiming that tenant was barred by the four-year time limit from seeking an overcharge award. The appeals court ruled against landlord. A prior Supreme Court decision, which landlord didn't appeal, reduced the initial rent for the apartment from $900 to $400. This court can't review or overrule an order of the Supreme Court. And the actual amount of the overcharge award to tenant corresponded to overcharges occurring no more than four years before tenant started this court case.

Tenant sued landlord, claiming a rent overcharge. The court ruled for tenant. Landlord appealed, claiming that tenant was barred by the four-year time limit from seeking an overcharge award. The appeals court ruled against landlord. A prior Supreme Court decision, which landlord didn't appeal, reduced the initial rent for the apartment from $900 to $400. This court can't review or overrule an order of the Supreme Court. And the actual amount of the overcharge award to tenant corresponded to overcharges occurring no more than four years before tenant started this court case.

Negron v. Goldman: NYLJ, 8/26/04, p. 27, col. 1 (App. T. 1 Dept.; Suarez, PJ, Davis, Schoenfeld, JJ)

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