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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Moreover, and as noted, in its review of the applicable law, the Regina Court reaffirmed its holdings in Thornton (5 NY3d 175), Grimm (15 NY3d 358), and Conason (25 NY3d 1) (see Regina, 35 NY3d at 355-356). In both Conason and Thornton, the Court of Appeals held that fraud had been established and thus resort to the default formula was merited (Conason, 25 NY3d at 18; Thornton, 5 NY3d at 181). In Grimm, the Court held that "there existed substantial indicia of fraud on the record" such that DHCR had "an obligation to ascertain whether the rent on the base date [wa]s a lawful rent" (Grimm, 15 NY3d at 366).

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