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COLLINS v. 527 LINCOLN PLACE, LLC

2020-05786. Index No. 508400/19.

218 A.D.3d 731 (2023)

192 N.Y.S.3d 687

2023 NY Slip Op 03904

Simone Collins et al., Appellants, v. 527 Lincoln Place, LLC, Respondent.

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

Decided July 26, 2023.

Attorney(s) appearing for the Case

Grimble & Loguidice, LLP, New York, NY (Robert Grimble of counsel), for appellants.

Kucker Marino Winiarsky & Bittens, LLP, New York NY (Nativ Winiarsky of counsel), for respondent.

Duffy, J.P., Maltese, Christopher and Genovesi, JJ., concur.

In a putative class action, inter alia, to recover damages for rent overcharges, the plaintiffs appeal from an order of the Supreme Court, Kings County (Kathy J. King, J.), dated July 20, 2020. The order granted those branches of the defendant's motion which were pursuant to CPLR 3211(a)(7) to dismiss the fourth cause of action, to refer the matter to the New York State Division of Housing and Community Renewal to determine the legal regulated rent for all units of the residential...

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