New Landlord Seeks Reimbursement of Overcharge Refund from Prior Landlord

August 31, 2002

LVT Number: 16087

Landlord sued prior landlord in 2000 for reimbursement of an overcharge refund paid to tenant. Landlord bought the building in 1987. In 1995, landlord was held liable for overcharges collected from tenant by prior landlord between 1982 and 1986. After refunding the overcharge in 2000, landlord claimed fraud and unjust enrichment against prior landlord. The court ruled against landlord, finding that her claims were time-barred and not viable. But the court said that landlord might be able to sue prior landlord through an indemnification claim that wasn't yet time-barred.

Landlord sued prior landlord in 2000 for reimbursement of an overcharge refund paid to tenant. Landlord bought the building in 1987. In 1995, landlord was held liable for overcharges collected from tenant by prior landlord between 1982 and 1986. After refunding the overcharge in 2000, landlord claimed fraud and unjust enrichment against prior landlord. The court ruled against landlord, finding that her claims were time-barred and not viable. But the court said that landlord might be able to sue prior landlord through an indemnification claim that wasn't yet time-barred.

Helfand v. Sessler: NYLJ, 8/14/02, p. 19, col. 1 (Civ. Ct. NY; Billings, J)

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