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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In distinguishing Thornton cases from Roberts cases, the Court explained that Thornton cases typically exhibit the hallmarks of common-law fraud, which are "a representation of material fact, falsity, scienter, reliance and injury" (Regina at 356, n 7 [internal quotation marks omitted]). Because Thornton involved a fraudulent scheme to deregulate, a "limited common-law exception" evolved to allow review of an apartment's rent history outside the four-year lookback period (Regina at 354). However, as Regina instructs, in the absence of common-law fraud, former CPLR 213-a is strictly applied and consideration of the rent history beyond the four-year lookback period is not permitted (CPLR 213—a; see Conason v. Megan Holding LLC, 25 NY3d 1). The Court of Appeals observed that even a "potentially inflated base date rent, flowing from an overcharge predating the limitations and lookback period, [is] proper in the absence of fraud" (Regina at 360). While sometimes this cuts in favor of the tenant and sometimes in favor of the landlord, the Court of Appeals reasoned that the salutary purpose of the statute is served.[FN6]

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