Case Type

Overcharge

Housing Type

Market Rate

Court

Supreme Court of the State of New York

County

New York County (Manhattan)

L&T / Index / Case / Docket / Clerk's Number

160419/2019

Slip Opinion Number

31676(U)

Petitioner

INGLIS, STEVEN R ET. AL,

Respondent

FOUR THIRTY REALTY LLC

Judge

Goetz, Paul A.

Decision/Order Date

2024-05-13

Posture

Pre-answer Motion by Tenants

Disposition

Motion Granted for Tenants

Winner

Tenants Substantially Won

Synopsis

In an overcharge action involving a building with J-51 tax benefits, tenants sought documents to determine the landlord's alleged fraudulent deregulation scheme. The court discussed common law exceptions to lookback rule and recent legislative changes, finding tenants demonstrating a colorable claim of fraud, entitling them to discovery. Key legal points include elements of fraud and legislative impact on landlord-tenant disputes.

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