Lyman, Inc. v. 132 W. 125 Co.
November 17, 2009
(Sup. Ct. N.Y. Cty. 11/1/01)
Defendant commercial landlord successfully moved to dismiss plaintiff tenant’s cause of action for offsets or overpayments based on statute of limitations grounds, because the landlord began billing tenant for alleged overcharges more than six years prior to the commencement of the lawsuit, using a computational methodology that remained constant over the years. Also, tenant’s cause of action for breach of security deposit agreement to give interest was dismissed on statute of limitations grounds. Moreover, tenant’s motion to modify order granting Yellowstone injunction was conditioned on payment of rent currently invoiced to a lower number was denied. Link to Full Text of Decision
