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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Although I agree with this conclusion, I disagree with the majority's decision as to its consequence for plaintiffs' claims. In directing that damages "be calculated pursuant to RSL 26-516 and RSC 2526.1(a)(3)(i)," and holding that it is "improper to utilize the default formula to calculate damages," the majority improperly precludes plaintiffs from making a factual showing at trial that would demonstrate their entitlement to application of the default formula. The majority's decision thus improperly and without justification penalizes plaintiffs as the only parties who requested affirmative relief below and grants relief to defendant which they did not seek. II

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