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Aras v. B-U Realty Corp., 2023 NY Slip Op 04917 (2023)

Citation
Aras v. B-U Realty Corp., 2023 NY Slip Op 04917 (2023)
Parent Document
Aras v. B-U Realty Corp., 2023 NY Slip Op 04917 (2023)
Jurisdiction
New York (state)
Effective Date
2023-10-03
Original Source
https://www.courtlistener.com/opinion/9430365/aras-v-b-u-realty-corp/ ↗

Other Sections in This Document (169)

Full Text

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Speculation of fraud will not suffice to expand the lookback period or invoke the default formula. All elements of fraud must be established. Even in the absence of fraud, tenants whose units were improperly deregulated while in receipt of J51 benefits have recourse. To the extent plaintiffs complain that their initial rents were inaccurate and tainted by defendants' failure to comply with the RSC and RSL, there are alternative statutory methods by which to remedy these inaccuracies (see RSC 2528.4; see also e.g. Grady v Hessert Realty L.P., 178 AD3d 401 [1st Dept 2019]).