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/ ↗

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The statutory scheme requires that the legal regulated rent be calculated pursuant to the standard method set forth under RSC 2526.1(a)(3)(i) and RSL 26-516. Plaintiffs had the burden to prove fraud, requiring application of the default formula as the exception to this rule. To support their demand for summary judgment, plaintiffs were required to prove, prima facie, the elements of fraud (see Hess v EDR Assets LLC, 217 AD3d 542 [1st Dept 2023]; Woodson v Convent 1 LLC, 216 AD3d 585, 588 [1st Dept 2023]; Gridley v Turnbury Vil. LLC, 196 AD3d at 101. However, they neither pled the necessary elements nor, to the extent pled, adequately proved them.

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