§Why CasetextPricing

Richard Altman, Respondent,v.285 West Fourth LLC, Appellant.

Brief

32 Cited authorities

  1. Roberts v. Tishman Speyer Properties

    2009 N.Y. Slip Op. 7480 (N.Y. 2009)   Cited 373 times
    In Roberts, this Court rejected DHCR's long-standing statutory interpretation and concluded that luxury deregulation was unavailable in any building during receipt of J–51 benefits (13 N.Y.3d at 285–287, 890 N.Y.S.2d 388, 918 N.E.2d 900).

  2. Grimm v. State

    2010 N.Y. Slip Op. 7379 (N.Y. 2010)   Cited 245 times
    Vacating DHCR's denial of overcharge petition and remanding to consider fraud allegations and the reliability of the base date rent where the landlord had significantly increased the rent, offered leases without a rent stabilization rider, required tenants to make improvements at their own expense or pay increased rent, and failed to register the apartment for several years until after service of the complaint

  3. Thornton v. Baron

    5 N.Y.3d 175 (N.Y. 2005)   Cited 202 times
    Finding that tenants alleging rent overcharge may evaluate documents exceeding four-year statute of limitations implemented by RSC § 26-516 to prevent landlord's fraud

  4. Borden ex rel. Others Similarly Situated v. 400 E. 55th St. Assocs., L.P.

    2014 N.Y. Slip Op. 8211 (N.Y. 2014)   Cited 155 times
    Finding it "premature to dismiss class action allegations before an answer is served or pre-certification discovery has been taken"

  5. Commonwealth of the N. Mariana Islands v. Canadian Imperial Bank of Commerce

    2013 N.Y. Slip Op. 3018 (N.Y. 2013)   Cited 117 times   2 Legal Analyses
    Holding that the phrase “possession or custody” in § 5225(b) requires actual, and not merely constructive, possession

  6. Albany Law Sch. v. New York State Office of Mental Retardation & Developmental Disabilities

    2012 N.Y. Slip Op. 3227 (N.Y. 2012)   Cited 104 times

    No. 65 04-26-2012 In the Matter of Albany Law School et al., Respondents-Appellants, v. New York State Office of Mental Retardation and Developmental Disabilities et al., Appellants-Respondents. Victor Paladino, for appellants-respondents. Jennifer J. Monthie, for respondents-appellants. NYSARC, Inc.; National Disability Rights Network et al., amici curiae. GRAFFEO Victor Paladino, for appellants-respondents. Jennifer J. Monthie, for respondents-appellants. NYSARC, Inc.; National Disability Rights

  7. Dixon v. 105 W. 75th St. LLC

    148 A.D.3d 623 (N.Y. App. Div. 2017)   Cited 77 times
    In Dixon, the Appellate Division, First Department held that, on a pre-answer motion to dismiss, the landlord satisfied its burden of demonstrating that it made the necessary improvements to qualify for first rent because it established that it substantially altered the character of the apartment in that it connected it to the new penthouse.

  8. Altschuler v. Jobman 478/480, LLC.

    135 A.D.3d 439 (N.Y. App. Div. 2016)   Cited 66 times
    Finding indicia of fraud where landlord failed to provide evidence of alleged improvements to tenant's apartment sufficient to justify an increase in rent

  9. Boyd v. N.Y. State Div. of Hous. & Cmty. Renewal

    2014 N.Y. Slip Op. 4806 (N.Y. 2014)   Cited 60 times
    In Matter of Boyd v. New York State Div. of Hous. & Community Renewal, 23 N.Y.3d 999, 992 N.Y.S.2d 764, 16 N.E.3d 1243 (2014), rev'g 110 A.D.3d 594, 973 N.Y.S.2d 609 (1st Dept. 2013), a J–51 case, the Court of Appeals reversed this Court's remand to DHCR for a fact-finding hearing regarding potential fraud and the legality of the base date rent.

  10. Nostrom v. A.W. Chesterton Co.

    2010 N.Y. Slip Op. 8385 (N.Y. 2010)   Cited 66 times
    Holding that "owners and contractors may be vicariously liable based on violations of part 23 regulations."