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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Woodson v. Convent 1 LLC, 216 A.D.3d 585 (2023)

Citation
Woodson v. Convent 1 LLC, 216 A.D.3d 585 (2023)
Parent Document
Woodson v. Convent 1 LLC, 216 A.D.3d 585 (2023)
Jurisdiction
New York (state)
Effective Date
2023-05-30

Full Text

611 chars
We also note that the motion court determined that fraud was not established as to tenant Urisaka's 2014—2016 tenancy in apartment 1B and that the legal rent could be established, and any overcharge could be calculated, without resorting to use of the default formula.[FN1] Accordingly, in the absence of plaintiffs' establishment of a fraudulent scheme affecting the reliability of the base date rent, the legal rent and any overcharge for the subsequent tenants in 1B should be based on the determination of the same legal rent established for 1B on the base date as will be used to determine Urisaka's claim.