KWMB Prevails on Behalf of Landlord on Rent Overcharge Claim
KWMB successfully won an argument on behalf of our client related to a rent overcharge claim from a tenant, according to a decision from Judge Shawn Kelly. We made a motion on behalf of the predecessor landlord and current landlord in this Supreme Court action where the Plaintiff, Tenant, alleged as her first cause of action a rent overcharge and as her second cause of action negligent infliction of emotional distress. We filed a pre-answer motion to dismiss based on Regina and statute of limitations on the negligent infliction of emotional distress cause of action. Oral argument was conducted in August 2021. The Court granted our relief and dismissed the proceeding outright following the Regina ruling and finding no scheme to defraud and no reason to look back beyond 4 years. With respect to the distress claim the Court found that the Plaintiff failed to plead factual allegations to proceed on her claim.
The case was dismissed against all parties.