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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (169)

Full Text

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In an area of the law scarred by misinterpretation (see Roberts, 13 NY3d 270), the holding in Casey should not be distorted beyond its facts. Casey's brief memorandum decision explicitly applies only to deregulations "based on th[e] same [non-fraudulent] 'misinterpretation of the law' involved in Regina" (Casey, 39 NY3d at 1107, quoting Regina, 35 NY3d at 356). Unlike Casey, the present appeal concerns amply supported allegations of fraudulent deregulation, as discussed more fully below. Casey's holding is therefore of little service here, especially as to those apartments deregulated after Roberts.