Montera v. KMR Amsterdam LLC, 193 A.D.3d 102 (2021)

Citation: Montera v. KMR Amsterdam LLC, 193 A.D.3d 102 (2021)
Parent Document: Montera v. KMR Amsterdam LLC, 193 A.D.3d 102 (2021)
Jurisdiction: New York (state)
Effective Date: 2021-02-09
Original Source: https://www.courtlistener.com/opinion/4855109/montera-v-kmr-amsterdam-llc/ ↗

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We disagree with the reasoning of our dissenting colleague who, while relying on Matter of Regina Metro. Co., LLC v New York State Div. of Hous. & Community Renewal (35 NY3d 332 [2020]),fails to squarely address the critical fact that the Regina Court stated that the cases before it involved apartments that were treated as "deregulated consistent with then-prevailing DHCR regulations and guidance" before the Court rejected that guidance in Roberts (35 NY3d at 350). The case before us concerns an apartment that was deregulated after the Court of Appeals issued its guidance in Roberts and we decided Gersten and where the owner allegedly had engaged in a scheme over many years to illegally deregulate the tenant's apartment and many other apartments in the building.

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