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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Plaintiff claims, generally, that these events and circumstances indicate defendant's fraudulent scheme to deregulate apartment 4E in 2009. Plaintiff also claims that defendant's persistence in failing to register the apartment after this Court's decisions in Nolte v Bridgestone Assoc. LLC (167 AD3d 498 [1st Dept 2018]), Kreisler v B-U Realty Corp. (164 AD3d 1117 [1st Dept 2018], lv dismissed 32 NY3d 1090 [2018]) and Matter of Park v New York State Div. of Hous. & Community Renewal (150 AD3d 105 [1st Dept 2017], lv dismissed 30 NY3d 961 [2017]) is further evidence of defendant's fraudulent scheme. In each of those cases, all decided before Regina, this Court referred to the owner's failure to reregister an improperly deregulated apartment as a factor in deciding whether to allow examination of the apartment's rent history beyond the four-year period set forth in former CPLR 213-a.

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