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DIRENNA v. CHRISTENSEN

57 A.D.3d 408 (2008)

869 N.Y.S.2d 505

PATRICK DIRENNA, Respondent, v. PAUL P. CHRISTENSEN, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

December 30, 2008.

Plaintiff subtenant's action is time-barred since the first overcharge alleged by him occurred in April 2003 and this action was not commenced until September 2007 (see Mozes v Shanaman, 21 A.D.3d 854 [2005], lv denied 6 N.Y.3d 715 [2006]; CPLR 213-a). Plaintiff may not avoid the applicable four-year statute of limitations by amending his complaint to withdraw his claim for earlier months...

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