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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"If a summary judgment motion is made and denied, the action survives for its trial before a judge, referee, or jury" (Hon. Mark C. Dillon, Prac Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C3212:1). Here, plaintiffs, as the only movants in the motion court, attempted to establish their entitlement to judgment as a matter of law. To do so, they submitted evidence to show that defendants engaged in a fraudulent scheme to deregulate the apartments, which, if successful, would warrant application of the default formula. Of course, plaintiffs had the burden of establishing their theory of recovery by admissible evidence and as a matter of law, and the majority concludes that they did not meet this burden.

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