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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Here, I would find for three reasons that there are questions of fact that require a trial as to whether defendants engaged in a fraudulent scheme to overcharge or deregulate plaintiffs-appellants' apartments which would require application of the default formula. First, some of their apartments were deregulated long after 2009 and after defendant Bogoni admitted he knew of his obligation to treat all apartments as rent-stabilized during receipt of J-51 benefits. Accordingly, these are not classic Roberts cases at all. Second, even in the case of apartments that had been deregulated before 2009, there are indicia of fraud present that distinguish the cases of these tenants from the facts of Roberts and the Court of Appeals cases that followed it. Third, I would find that the majority misreads Regina as to the legal criteria that a court must consider [*11]in order to determine whether there was fraud. In this section, I review the relevant case law and, in the final section, discuss the application of those rulings to the individual plaintiffs-appellants' apartments. A

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