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 parties here appeal and cross-appeal from Supreme Court's order deciding plaintiffs' motion for summary judgment. Accordingly, since defendants have not asked this Court to search the record and grant judgment in their favor as to any issue, the only question presented is whether the record establishes plaintiffs' entitlement to judgment as a matter of law. As a matter of procedure, the majority's conclusion that plaintiffs failed to demonstrate a fraudulent scheme to deregulate their apartments is proper and I agree with it. However, the majority acted improperly in barring the use of the default [*10]formula to calculate the tenants' damages.

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