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JENKINS v. FIELDBRIDGE ASSOCIATES, LLC.

65 A.D.3d 169 (2009)

877 N.Y.S.2d 375

FREDDIE JENKINS, Appellant, v. FIELDBRIDGE ASSOCIATES, LLC, Respondent.

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

Decided April 7, 2009.

Attorney(s) appearing for the Case

Wenig Saltiel Greene & Mundy, LLP, Brooklyn (Marnie R. Kudon of counsel), for appellant.

Stern & Stern, Brooklyn, for respondent.

South Brooklyn Legal Services, Brooklyn (John C. Gray and Edward Josephson of counsel), amicus curiae.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the matter is remitted to the Civil Court of the City of New York, Kings County, for the entry of an appropriate amended judgment.

OPINION OF THE COURT

COVELLO, J.

In the instant action, the plaintiff, a tenant living in a rent-stabilized apartment, filed a rent overcharge complaint in which he alleged that the owner improperly charged and collected rent greater than the legal regulated rent fixed by a rent reduction order in effect within the four-year period preceding the filing of the complaint, but issued prior to that period. The...

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