Appellate Division of the Supreme Court of New York, 1996

Nicholas A. Gravante, P. C. v. Gennaro Lombardi Corp.

Nicholas A. Gravante, P. C. v. Gennaro Lombardi Corp.
Appellate Division of the Supreme Court of New York · Decided June 11, 1996
228 A.D.2d 231; 643 N.Y.2d 113; 643 N.Y.S.2d 113; 1996 N.Y. App. Div. LEXIS 6518
Nicholas A. Gravante, P. C. v. Gennaro Lombardi Corp.

Opinion of the Court

The IAS Court properly interpreted and applied Rent Stabilization Code (9 NYCRR) § 2526.1 (f) (1), which provides that a purchaser at a judicial sale is exempt from liability for overcharges of previous owners if, inter alia, "no records suf*232ficient to establish the legal regulated rent were provided at a judicial sale”. In light of the court’s broad discretion in presiding over foreclosure proceedings (see, e.g., Notey v Darien Constr. Corp., 41 NY2d 1055), and since records establishing the legal rent are in the file of this action and available to any potential purchaser of the property, it was not inappropriate for the IAS Court to direct that potential purchasers be notified of the legal rent and the resulting potential liabilities.

We have considered plaintiff’s other contentions and find them to be without merit. Concur—Sullivan, J. P., Ellerin, Rubin, Kupferman and Nardelli, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.