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/ ↗

Full Text

953 chars

"unequivocally modifies prior law governing the fraud exception under pre-HSTPA law by rejecting footnote 7 of the decision in Regina and any inference that a common law fraud standard is required by providing that 'there need not be a finding that all of the elements of common law fraud . . . were satisfied.' Instead, the new law requires a court to review the 'totality of the circumstances' to determine whether a landlord knowingly engaged in a fraudulent scheme to deregulate. Under this new standard, if the totality of the circumstances indicate that a landlord knowingly engaged in a fraudulent scheme, no finding of justifiable reliance is necessary. As such, this Court is no longer bound by Burrows in the instant case because the totality of the circumstances indicate a fraudulent scheme (emphasis added)." (NYSCEF Doc No. 27, respondent's attorney's affirmation ¶¶ 39-41 [internal footnote, citations, and paragraph references omitted].)

Other Sections in This Document (66)

Full Text