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FUENTES v. KWIK REALTY LLC

9163. 450153/14.

178 A.D.3d 451 (2019)

114 N.Y.S.3d 324

2019 NY Slip Op 08643

Odilson Fuentes, Respondent, v. Kwik Realty LLC, Appellant.

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

Decided December 3, 2019.

Attorney(s) appearing for the Case

Horing Welikson & Rosen, P.C., Williston Park (Richard T. Walsh of counsel), for appellant.

Northern Manhattan Improvement Corp. Legal Services, New York (Matthew J. Chachère of counsel), for respondent.

Concur—Sweeny, J.P., Gische, Webber, Moulton, JJ.

Plaintiff, Odilson Fuentes, is the tenant of an apartment in a building located on West 183rd Street in New York, New York, owned by defendant Kwik Realty LLC. The building consists of 48 residential apartments, and is subject to the Rent Stabilization Law.

By lease dated February 15, 2010 for a one-year term from February 1, 2010 to January 31, 2011, plaintiff agreed to pay defendant a preferential rent of $1,300 per month, although the listed unit charge was $2...

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