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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In reply, respondent doubles down, postulating that it "is explicit that under its new standard, common law fraud is not required (emphasis added)." (NYSCEF Doc No. 39, respondent's attorney's affirmation in reply ¶ 19.) Respondent quotes from the introduction of the Chapter Amendments in which the bill's sponsor declared that the "'ACT [] amend[s] . . . part B of a chapter of the laws of 2023 relating to defining clearly the scope of the fraud exception to the pre-HSTPA four-year rule for calculating rents . . . in relation to claims of fraudulent schemes and determination relating thereto . . . 2024 NY Senate Bill S-08011' (emphasis added)." From this, respondent concludes that it is clear from the legislative purpose section of the Chapter Amendments that the law is meant to apply to both fraudulent schemes to overcharge in the absence of deregulation, as well as to claims of fraudulent overcharge related to fraudulent schemes to deregulate. Respondent advances that "[t]he Legislature's use of the plural word 'schemes,' and inclusion of 'determination relating thereto,' evidences an intent for the new law to apply, as the pre-HSTPA law did, to both fraudulent deregulation and fraudulent overcharge claims "as they often go hand in hand." (Id.)[FN11]

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