DIRENNA v. CHRISTENSEN

Plaintiff subtenant's action is time-barred since the first over-charge alleged by him occurred in April 2003 and this action was not commenced until September 2007 ( see Mozes v Shanaman, 21 AD3d 854, lv denied 6 NY3d 715; CPLR 213-a). Plaintiff may not avoid the applicable four-year statute of limitations by amending his complaint to withdraw his claim for earlier months of rent overcharge ( see e.g. Reddington v Staten Is. Univ. Hosp., 11 NY3d 80, 87-88; Bones v Prudential Fin., Inc., 54 AD3d 589).