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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Defendant's motion is supported by an affidavit by one of its members, who denies that fraud occurred. The member states that defendant did not intend to defraud tenants but believed that it had the right to high-rent deregulation after the previous tenant vacated the apartment in 2009. He claims that the deregulation was "based on a mistaken pre-Roberts belief" and "an administrative error." [*5]Significantly, no evidentiary proof is submitted supporting this conclusory and self-serving assertion. There is no answer in the record whether defendant is a sophisticated property owner who acted with willful ignorance based on false assumptions to perpetrate a fraud or whether defendant simply made a good faith mistake regarding the regulatory status of the building. Given that it was defendant who moved for summary judgment, before discovery, defendant's explanation is insufficient to make out a prima facie case warranting summary judgment.

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