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/ ↗

Full Text

736 chars

Since the Menapaces moved in after the base date (November 18, 2010), there is no proof in this record of what the tenant who preceded them actually paid on the base date. Given this lack of evidence, the landlord's deregulation of 8A two years after the latest date by which the landlord has admitted he understood that he was not permitted to do so, and the discrepancies between the legal regulated rent (1) listed on the registration, (2) asserted in defendants' affidavit, and (3) actually paid by plaintiffs, I would find that the Menapaces have raised questions of fact requiring a trial as to whether the landlord engaged in a fraudulent scheme requiring application of the default formula. Apartment 10D (Kane/Perera-Riveroll):

Other Sections in This Document (169)

Full Text