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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Footnote 6: As discussed infra (in footnote 13), defendants have argued only that plaintiffs failed to demonstrate that the alleged overcharges and deregulations were willful, thus implicating only the scienter element of common-law fraud. The majority, however, anchors its analysis on the view that the tenants must prove "[a]ll [the] elements of fraud ." (see majority at 8 ["plaintiffs were required to prove, prima facie, the elements of fraud. However, they neither pleaded the necessary elements nor, to the extent pleaded, adequately proved them"]). This issue is thus ripe for discussion. In any event, the lack of clarity with regard to the appropriate contours of this claim has a plainly deleterious impact on rent-regulated tenants and landlords alike, and resolution is appropriate on the well-developed record presented by this appeal.

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