Case Type
Overcharge
Housing Type
Rent Stabilized
Court
Appellate Division, First Department
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
161448/14
Slip Opinion Number
2023 NY Slip Op 04917
Petitioner
Leisa Aras, et al.
Respondent
Catherine Schwartz, et al.
Judge
Jimenez, Sergio, J.
Decision/Order Date
2023-10-03
Posture
Pre-answer Motion by Landlord
Disposition
Other
Winner
Other
Synopsis
In this cross-appeal, the court modified the order to clarify the base date for all plaintiffs as four years before the filing of the original complaint, and remanded the matter for a determination on damages. The plaintiffs sought partial summary judgment, alleging a building-wide fraudulent scheme for rent overcharges. However, the court found insufficient evidence of fraud and declined to apply the default formula for damages calculation. The order granted summary judgment on liability for certain plaintiffs, held the motion in abeyance for others, and denied it for one plaintiff, directing a determination on damages.
Recommended Citation
"Aras v. B-U Realty Corp." (2023). All Decisions. 1478.
https://ir.lawnet.fordham.edu/housing_court_all/1478
