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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With respect to the plaintiffs herein, there is no dispute that plaintiffs Aras (apartment 11B), Lederer (apartment 8D), Barish-Straus (only as to apartment 9D), the Menapaces (apartment 8A) and Kane and Perera-Riveroll (apartment 10D) were overcharged during the four-year lookback period preceding the complaint. Accordingly, summary judgment on the issue of liability was properly granted as to these plaintiffs. For the reasons set forth below, however, plaintiffs have not established defendants' fraud to deregulate the subject apartments, which would entitle them to review the rental history beyond the lookback period and damages pursuant to the default formula set forth in RSC 2526.1 and 2522.6(b) (see Woodson v Convent 1 LLC, 216 AD3d 588).

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