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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Accordingly, the question for this court regarding that branch of respondent's motion to renew is whether a fraudulent overcharge claim can exist exclusive of an attendant claim of a fraudulent scheme to subvert the rent stabilization law by removing an apartment from deregulation. If so, the respondent may be entitled to discovery. If not, then respondent has failed [*8]to plead a cause of action or a colorable claim upon which to grant respondent's motion.[FN12]
The court answers this question in the negative, and to do so, necessarily must interpret the L 2023, ch 760, as amended L 2024, ch 95, and the cases to which the law and Regina refer.

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