DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

538 chars 
Like 9D, Apartment 8A was deregulated after Roberts in 2013. I disagree with the majority that we can find on this record, as a matter of law, that the landlord did not commit fraud affecting the base date rent and that the default formula does not apply. Additionally, as noted at the outset, such a finding is procedurally improper in the current posture. I would also find that the motion court erred in finding, as a matter of law, that there was fraud and that the default formula applies. I would remand for a trial of those issues.