Robert Berman

In the matter of Dixon v. 105 West 75th Street LLC, et al., Robert H. Berman, of Kucker, Marino, Winiarsky, & Bittens, LLP, successfully defeated a tenant’s claim to a declaratory judgment, injunctive relief, lease reformation, rent overcharge, fraud and attorney fees.

In Dixon, the plaintiff alleged that his apartment was still subject to the Rent Stabilization Law due to a failure to properly deregulate the apartment from rent stabilization regulations coverage.

In the matter of Dixon v. 105 West 75th Street LLC, et al., Robert H. Berman, of Kucker, Marino, Winiarsky, & Bittens, LLP, successfully defeated a tenants claim that his apartment was subject to the Rent Stabilization Law. In a decision dated April 13, 2015, Justice Manuel J. Mendez granted the Defendants pre-Answer motion to dismiss the Complaint based upon documentary evidence. The Plaintiff tenant commenced the action seeking, inter alia, a declaration that he was a rent stabilized tenant. Prior to the tenant taking occupancy the owner added a roof top addition to the building, creating two duplex apartments out of the top floor units.