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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I disagree with the majority in several major respects. First, in the motion before us, only plaintiff-tenants moved for summary judgment. However, the majority would rule, as a matter of law, that any damages due to the tenants must be calculated pursuant to Rent Stabilization Law (RSL) (Administrative Code of City of NY) § 26-516 and Rent Stabilization Code (RSC) (9 NYCRR) § 2526.1(a)(3)(i), not the default formula. In so holding, the majority would in effect grant summary judgment to defendants on the issue of how the tenants' damages should be calculated, even though defendants did not request that relief. This is clearly improper.

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