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 my view, the record in this appeal and cross-appeal, including the landlord's acts and failures to act described above, certainly establishes that there are sufficient indicia of fraud that Supreme Court could properly consider rental history preceding the base date to determine whether the landlord engaged in fraud. In fact, under Grimm, I would find that the factfinder has an obligation to do so (15 NY3d at 366). I would find that all of plaintiffs-appellants demonstrated sufficient indicia of fraud for the motion court to have appropriately reviewed rent history preceding the lookback period as to their apartments.

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