Skip to main content

2018 NY Slip Op 50349

Citation
2018 NY Slip Op 50349
Jurisdiction
New York (state)
Source
Official source

Full Text

1,775 chars
commonality. "Thus, the defenses available to defendant for the representative plaintiffs are
varied and individualized, as are the claims of those two plaintiffs" (Rife v Barnes Firm, P.C., 48 AD3d
1228, 1230 [4th Dept 2008], lv dismissed in part, denied in part 10 NY3d 910
[2008]).

In the second category of claims, each plaintiff alleges that the apartment was listed as a high
rent vacancy and purportedly deregulated, but that apartment inspections establish that the
requisite improvements were not made.

These plaintiffs include: (1) Claire Shriver and Anum Shah (3B at 144 East 22nd Street;
deregulated in 2015, requiring more than $32,300 in IAIs); (2) Graham Ciraulo (4C at 11 Seaman
Avenue; between 2014 and 2015, rent increased by $646.97, a 72% increase requiring more than
$24,700 in IAIs): (3) Thomas Pierce and April Townes (5B [same address]; between 2010 and
2011, rent increased by $462.70, a 55% increase requiring more than $9,700 in IAIs); (4)
Antonio Vazquez and Jennifer Duprey (4E at 15 Seaman Avenue; listed as a high rent vacancy,
purportedly deregulated in 2008, requiring more than $44,800 in IAIs); (5) Doug and Sara [*8]Bender (2G at 500 West 35th Street; between 2014 and 2015, rent
increased by $868.24, a 98% increase requiring more than $38,300 in IAIs); (6) Christopher Ford
(3D [same address]; between 2007 and 2008, rent increased by $821.48, a 123% increase
requiring more than $25,900 in IAIs); (7) Steven Katchen (4F [same address]; between 2004 and
2005, rent increased by $808.58, a 110% increase requiring more than $24,700 in IAIs); (8) Ron
Yosipovich (4J [same address]; between 2005 and 2006, rent increased by $1,030.91, a 171%
increase requiring more than $34,900 in IAIs); (9) R.S. Salamon (6H [same address]; listed as a