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CPLR 5602 [a] [1] [i] 3,7 Rent Stabilization Law of 1969 7, 16 ... calculating overcharge damages (so as to now allow the rent to be ... day, 12 East served a notice ...
It would be unfair to give Zwicker and Jaffe the benefit of the CPLR in those revenues but ignore the letter of the CPLR insofar as the discontinuance CPLR. In addition, there are several reasons that the "Bann Discontinuance" is flawed as articulated in Rosenblum's Labor Day 2013 filing.
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REVISION UPDATES: Update 11/2/2017 - Thanks to an obsevant attorney in New York, we have found two unfixed glitches in the calculation around when federal holidays occur vs. when they are observed. 1. For example: "30 calendar days after Thursday, October 12, 2017 is Saturday, November 11, 2017.However, this date falls on a weekend and Veteran's Day, so the next business day is Tuesday ...
Moreover, if service of Notice of Entry is not served by hand, then pursuant to CPLR 2103(b), the prospective movant would have 31 days from posting of the Notice of Entry if by overnight delivery, or 35 days from posting if by regular mail, to serve a timely motion for permission to appeal (and possibly more under GCL Sec. 25-a if the last day falls on a Saturday, Sunday or holiday).
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While Defendant demurs that such calculation is an unfair compounding of interest, both the statute and the Fourth Department in Phillips v Catania, 188 AD2d 1029 (1992), appear to the contrary. Accordingly, I find that Claimant is entitled to interest of $357.21 per day from September 30, 1999 to the date of entry of judgment.
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