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Real Property Law
Purchaser of Mixed-Use Building, Not Master Lessee of Residential Units, Liable for Rent Overcharges
Walsam 316, LLC v. 316 Bowery Realty Corp., NYLJ 1/24/22, p. 19, col. 4, AppDiv, First Dept. (memorandum opinion)
In an action by purchaser of a mixed-use building seeking indemnification and contribution from its seller and from lessee of the residential units, purchaser and lessee cross-appealed from Supreme Court's order limiting purchaser's remedy against seller to amounts specified in the contract, and granting purchaser summary judgment on its counterclaim against lessee. The Appellate Division modified to deny purchaser summary judgment on the counterclaim against lessee, holding that purchaser took subject to lease provisions that imposed liability for rent overcharges on the seller-lessor, not the lessee of residential units.
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