Grady v. Hessert Realty L.P., 2019 NY Slip Op 8598 (2019)

Citation: Grady v. Hessert Realty L.P., 2019 NY Slip Op 8598 (2019)
Parent Document: Grady v. Hessert Realty L.P., 2019 NY Slip Op 8598 (2019)
Jurisdiction: New York (state)
Effective Date: 2019-12-03
Original Source: https://www.courtlistener.com/opinion/4683577/grady-v-hessert-realty-lp/ ↗

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Defendants denied the allegations and asserted various affirmative defenses including that they had refunded to plaintiff, any overcharge. Defendants also moved for summary judgment. Defendants argued that the four-year lookback period applied unless plaintiff could prove fraud, which she could not. Defendants claimed they had treated plaintiff as a deregulated tenant based on the representations of prior management, and when they realized their error they offered to reimburse her, and began treating her as a rent-stabilized tenant. Defendants asserted that a rent freeze based solely on the failure to register was unjustified, and that the cases holding otherwise involved clear examples of fraud.

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