New York Court of Appeals
Lorraine Borden v. 400 East 55th Street Associates, L.P…
November 24, 201424 N.Y.3d 382
Summary
The New York Court of Appeals held that CPLR 901(b) allows class actions for compensatory rent overcharge claims when plaintiffs waive treble damages, finding such claims are not penalties, and affirmed the Appellate Division’s class certifications. Justice Smith dissented, arguing the overcharge remedy is a penalty and cannot be waived for class treatment.