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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Similarly unavailing is this Court's prior finding in Kreisler that these same defendants engaged in a building-wide fraud to deregulate and permitted review of the rental history beyond the lookback period. The law is now settled that a building-wide scheme is insufficient to support fraud on a case-by-case basis (Casey, 39 NY3d at 1107 [remanding and directing that "assessment[s] must be made for each apartment"]). Moreover, it is also important to note [*6]that Kreisler involved a different set of plaintiffs, with unique facts concerning those tenancies. Also of no moment is the July 2014 letter from Assemblymember O'Donnell to DHCR concerning defendants deregulating apartments while in receipt of J51 benefits since this letter was not forwarded to defendants.

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