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

669 chars

DISCUSSIONWhatever the power of the legislature to discredit Burrows, and whatever its authority to define what is meant by pre-HSTPA Court of Appeals caselaw — specifically, the seminal trilogy of Thornton, Grimm, and Conason — those issues are not before this court. The court's function is to interpret the relevant Chapter Amendment as it applies to the facts before it. Petitioner agrees that the Chapter Amendments have import and effect but proposes that under any standard — whether the heightened standard for pleading and proving "common law fraud," or the qualitative "totality of the circumstances" test — respondent's fraudulent overcharge claim must fail.

Other Sections in This Document (66)

Full Text