Posted by JJ on June 29, 2001 at 22:40:26:
In Reply to: Ramm v Mazzola posted by Lilly on June 29, 2001 at 09:38:35:
: Does anyone have an update of Ramm v Mazzola. That's the case where the woman was charging roommate $2200 when her rent was $1847.
Should have been in Resolution Part last week; that's a long way from trial and a decision. Reminder: the judge only decided on a motion ( a question of whether or not the claims on the papers were enough to start a lawsuit....) Here's the last paragraph of the decision:
Given the language of Section 2525.7(b) of the Rent
Stabilization Code, as well as the standard of review and
limited inquiry of the court in a pre-answer motion to dismiss
for failure to state a cause of action, respondent's motion to
dismiss the petition is denied. Taking petitioner's allegations
as true, and in light of the recent amendment of the Rent
Stabilization Code, the petition states a valid cause of
action. Respondents are directed to serve and file their
answers within seven (7) days of service of a copy of this
decision and order with Notice of entry thereon. This case
shall be restored to the calendar of Part D, room 428 on
June 20, 2001 at 9:30 A.M. for all purposes.
This constitutes the decision and order of the court.
Date Received: June 07, 2001
Note: Posting is disabled in all archives
Post a Followup