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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In discussing a fraudulent deregulation's effect on the reliability of the base date rent, the Court of Appeals has repeatedly indicated that, once a court finds that fraudulent deregulation has occurred, it can infer that the base date rent amount is inherently unreliable (see Regina, 35 NY3d at 354-355; Conason, 25 NY3d at 18; Grimm, 15 NY3d at 367; Thornton, 5 NY3d at 181). In fact, both Conason and Thornton held that the default formula properly applied notwithstanding that the amount of rent paid on the base date was not in dispute (see Conason, 25 NY3d at 6-9; Thornton, 5 NY3d at 181; Thornton v Baron,2002 WL 34452911 [Sup Ct, NY County 2002] [complaint amended to include landlord as defendant in November 2000, and rent was $3,750 in 1996, the year of the base date]).

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