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 the majority's assertion that "plaintiffs have not provided any evidence demonstrating that the defendants' inaccurate amended registrations. . . 'somehow affected the reliability of the actual rent. . . plaintiffs paid on the base date'" (emphasis added) is accurate, this fact is irrelevant if plaintiffs are successful in demonstrating fraud at trial. I would find, moreover, and for the reasons discussed further below, that the record establishes that there are questions of fact as to whether the landlord has engaged in a fraudulent scheme requiring application of the default formula. B

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