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Landlord & Tenant
Landlord Failed to Rebut Presumption of Willfulness
Smoke v. Windermere Owners, LLC NYLJ 6/17/19, p. 20, col. 4 AppDiv, First Dept. (memorandum opinion)
In tenants' rent overcharge proceedings, landlords appealed from Supreme Court's award of treble damages. The Appellate Division affirmed, holding that landlords had failed to rebut the presumption of willfulness.
In actions by two separate tenants, the Appellate Division had previously held that tenants were entitled to summary judgment on their rent overcharge claims. The court remanded to Supreme Court to determine whether tenants were entitled to treble damages due to landlords' willfulness. The two cases were consolidated for trial on that issue, and Supreme Court held that tenants were entitled to treble damages. Landlords appealed.
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