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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

41-47 Nick LLC v. Odumosu, 2024 NY Slip Op 24167 (2024)

Citation
41-47 Nick LLC v. Odumosu, 2024 NY Slip Op 24167 (2024)
Parent Document
41-47 Nick LLC v. Odumosu, 2024 NY Slip Op 24167 (2024)
Jurisdiction
New York (state)
Effective Date
2024-06-11

Other Sections in This Document (66)

Full Text

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With reservations, the court followed the holding in Burrows, as respondent had acknowledged that his "fraudulent overcharge allegation is based upon many fraud factors and irregularities captured in the [DHCR] rent history and in other publicly available records for the subject apartment." (41-47 Nick LLC v Odumosu, 81 Misc 3d 772, 776 [Civ Ct, New York County 2023].) Applying Burrows, petitioner argued that respondent could not establish justifiable reliance as a matter of law. Upon reargument, the court held that it had not overlooked any relevant facts or law proffered with the original motion. (NYSCEF Doc No. 25, decision and order dated November 15, 2023.)