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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The Court of Appeals held that the record demonstrated "fraud sufficient to taint the reliability of the rent on the [April 9, 2005] base date" and that application of the default formula was thus proper (Conason, 25 NY3d at 18). Critically, the fraud at issue—the fictitious content of the December 2003 retroactive filing and its implication for the reliability of the plaintiff's initial rent—occurred subsequent to the plaintiffs' commencement of the tenancy; the sequence of events therefore precluded plaintiffs from having relied on the relevant fraud before signing their lease. Like Thornton and Grimm, the Conason Court makes no mention of reliance, and the amount of rent paid on the base date was not in dispute (see 25 NY3d at 6-9).

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