Landlord-Tenant—Rent Overcharges—a Line Between Mere Discourtesy and Sanctionable Conduct—Plaintiffs Sought Sanctions Under 22 NYCRR §130-1.1, Alleging That Defendants' Failure to Advise Plaintiffs That Defendants Intended to Obtain a Bond, Caused Plaintiffs to Incur Unnecessary Legal Costs Preparing for a Hearing—Common Courtesy Has Not Been Elevated to a Legal, Ethical Obligation
The plaintiffs had commenced an action based on alleged rent overcharges. A trial court had previously granted summary judgment in favor of the plaintiffs on the issue of liability and had directed that a hearing be scheduled on damages and attorney fees. On Dec. 3, 2012, the defendants perfected an appeal of that decision to the Appellate Division. On Dec. 7, 2012, the defendants sought a stay from the Appellate Division of the damages hearing. On Jan. 10, 2013, the Appellate Division stayed the damages hearing, conditioned on defendants posting an approximately $67,000 undertaking.
