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 plaintiffs Barish-Straus (apartment 9D), the Menapaces (apartment 8A), Kane and Perera-Riveroll (apartment 10D), their apartments were all deregulated after Roberts in 2012, 2013 and 2010, respectively. The motion court's finding of fraud regarding these apartments relied upon Montera v KMR Amsterdam LLC (193 AD3d 102 [1st Dept 2021]), which was misplaced. There, we denied defendant's pre-discovery summary judgment motion because the post-Roberts deregulation and the late filing of amended registrations supported an indicia of fraud to deregulate, such that discovery of the rental history outside the four-year lookback period was appropriate (id. at 103, 109). We did not hold that these facts were sufficient to establish fraud as a matter of law.

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