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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Footnote 17:Montera v KMR Amsterdam LLC, 193 AD3d 102 (1st Dept 2021), cited by respondent as support for his position, cites to 435 Central Park West TA v Park Front Apartments, LLC, 183 AD3d 509 (1st Dept 2020), but itself involves alleged fraudulent deregulation. Respondent also cites to 3612 Broadway Partners LLC v Mejia, 79 Misc 3d 230 (Civ Ct, New York County 2023), as an example of a case in which a tenant's motion to amend their answer to assert fraudulent overcharge in the absence of significant indicia of fraudulent overcharge. The court notes that in this heavily litigated proceeding, petitioner never raised the issue.

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