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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Because the body of Regina reaffirmed the Court of Appeals' holdings as to the effect of showings of fraud in Thornton, Grimm, and Conason, and recent decisions from this Court have cited a footnote in Regina for its ostensible articulation of a tenant's burden in establishing that a landlord has engaged in a fraudulent deregulation,[FN8] it is instructive to compare the facts of Thornton, Grimm, and Conason to determine whether those cases are consistent with the purported rule. Of particular significance is the element of reliance, which at least one decision suggests should be examined strictly with respect to the tenant or their predecessors (see e.g. Burrows, 215 AD3d at 109 [as a matter of law, neither the plaintiffs nor any of their predecessors could have reasonably relied on the inflated legal regulated rent figures that appeared on the registration statements]).

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