Gattiboni v. Aponte, 188 A.D.2d 434 (N.Y. App. Div. 1992). · Go Syfert
Gattiboni v. Aponte, 188 A.D.2d 434 (N.Y. App. Div. 1992). Cases Citing This Book View Copy Cite
5 citation events (3 in the last 25 years) across 2 distinct courts.
Strongest positive: Ador Realty, LLC v. Division of Housing & Community Renewal (nyappdiv, 2005-10-03)
Top citers, strongest first. 2 distinct citers. How cited ↗
cited Cited as authority (rule) Ador Realty, LLC v. Division of Housing & Community Renewal
N.Y. App. Div. · 2005 · confidence medium
Where the owner fails to carry that burden, treble damages are properly imposed (see Matter of Gattiboni v Aponte, 188 AD2d 434, 435 [1992]).
cited Cited "see, e.g." DeSilva v. New York State Division of Housing & Community Renewal Office of Rent Administration
N.Y. App. Div. · 2006 · signal: see also · confidence low
Treble damages are properly imposed when the owner fails to carry that burden by a preponderance of the evidence (id. at 140-141; see also Matter of Gattiboni v Aponte, 188 AD2d 434 [1992]).
Retrieving the full opinion text from the archive…
In the Matter of Pietro Gattiboni
v.
Angelo Aponte, as Commissioner of the New York State Division of Housing and Community Renewal
Appellate Division of the Supreme Court of the State of New York.
Dec 29, 1992.
188 A.D.2d 434
Cited by 4 opinions  |  Published

Order, Supreme Court, New York County (Martin B. Stecher, J.), entered May 23, 1991, which dismissed the petition challenging determinations of respondent dated October 18, 1990 and May 1, 1986, finding that petitioner had willfully overcharged his rent-stabilized tenant and directing him to refund all payments collected in excess of the lawful rent plus treble damages on that part of the overcharge collected on or after April 1, 1984, unanimously affirmed, without costs.

[*435] As the complaint was instituted prior to April 1, 1984, the effective date of the revised statute (Administrative Code of City of NY § 26-516 [g]), there was a rational basis for the agency to require production of a complete rental history to June 30, 1974 (Matter of Lavanant v State Div. of Hous. & Community Renewal, 148 AD2d 185). Further, as petitioner failed to prove the rent overcharge was not willful by a preponderance of the evidence, respondent properly imposed treble damages (Rent Stabilization Code [9 NYCRR] § 2526.1 [a] [1]). Finally, as petitioner was provided with notices setting forth procedures and penalties, and an opportunity to be heard, there was no violation of due process. Concur — Sullivan, J. P., Wallach, Ross and Asch, JJ.