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
Original Source: https://www.courtlistener.com/opinion/9687483/41-47-nick-llc-v-odumosu/ ↗

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Pursuant to CPLR 2221,[FN5]
respondent has moved to renew the court's prior decisions which followed the holding in Burrows, and adhered to its determination upon reargument.[FN6]
The motion to renew is based on the same answer, a third affidavit, and the passage of "new legislation . . . which [respondent argues] modifies the fraud exception under pre-Housing Stability and Tenant Protection Act ("HSTPA") law, L 2023, ch 760, Amended L 2024, ch 95, and explicitly state[s] that fraud should not be considered under the Burrows 'common law' fraud definition, but instead the courts must consider the 'totality of the circumstances' to determine whether fraud was present in an overcharge." (NYSCEF Doc No. 27, respondent's attorney's affirmation ¶ 27.) APPLICABLE LAW AND ARGUMENTS

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