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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/ ↗

Other Sections in This Document (169)

Full Text

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I would find that the motion court should have considered Ms. Barish-Straus's overcharge claim as to 2C, as she resided there on the base date (November 18, 2010).[FN14] I would further find, on this record, that there are questions of fact as to whether the landlord engaged in a fraudulent scheme tainting the reliability of 2C's base date rent. I would also find that there is a question of fact as to whether 2C's base date rent can be determined at all ([RSC] 9 NYCRR 2522.6[b][2][[i]), since the landlord did not register a rent until well after the date of commencement.