Appellate Division of the Supreme Court of New York, 2002

Marciano v. Roldan

Appellate Division of the Supreme Court of New York · Decided May 13, 2002

294 A.D.2d 440; 741 N.Y.S.2d 908; 2002 N.Y. App. Div. LEXIS 4916

Cases that cite this one

2 later published cases cite this decision.

Executive Towers at Lido, LLC v. New York State Division of Housing & Community Renewal (Appellate Division of the Supreme Court of New York 2010)
Executive Towers at Lido, LLC v. New York State Division of Housing & Community Renewal (Appellate Division of the Supreme Court of New York 2006)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—In a proceeding pursuant to CPLR article 78 to review a determination of the Deputy Commissioner of the New York State Division of Housing and Community Renewal, dated August 26, 1999, which upheld a determination of the district rent administrator that the tenant was entitled to treble damages for a rent overcharge, the petitioner appeals from a judgment of the Supreme Court, Kings County (Garry, J.), dated September 12, 2000, which denied the petition and dismissed the proceeding.

Ordered that the judgment is reversed, on the law, with costs, the petition is granted, and the determination is annulled.

The determination of the New York State Division of Housing and Community Renewal (hereinafter the DHCR) was arbitrary and capricious (see CPLR 7803 [3]). The DHCR failed to consider the parties’ settlement of a prior rent overcharge proceeding which it had approved (see 9 NYCRR 2520.13). Accordingly, the Supreme Court erred in denying the petition. Goldstein, J.P., Friedmann, McGinity and H. Miller, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.