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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 further find that the motion court properly considered Ms. Barish-Straus's overcharge claim as to Apartment 9D, where she moved in 2012 and has resided since. However, contrary to the motion court's finding that there was fraud tainting the base date as a matter of law and the majority's finding to the contrary as a matter of law, I would find that there are issues of fact requiring a trial as to whether the landlord engaged in a fraudulent scheme tainting 9D's base date rent, which would in turn require application of the default formula.