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BUTTERWORTH v. 281 ST. NICHOLAS PARTNERS, LLC

6222 150121/14.

160 A.D.3d 434 (2018)

74 N.Y.S.3d 528

2018 NY Slip Op 02395

Eve Cuyen Butterworth et al., Appellants-Respondents, v. 281 St. Nicholas Partners, LLC, et al., Respondents-Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 5, 2018.

The court properly looked back beyond the four-year limitations period for plaintiffs' rent-overcharge claim (CPLR 213-a) to establish the proper base rent, in that sufficient indicia of fraud existed (see Matter of Grimm v State of N.Y. Div. of Hous. & Community Renewal Off. of Rent Admin., 15 N.Y.3d 358, 366-367 [2010]). While neither an increase in rent, standing alone, nor plaintiffs' skepticism about apartment improvements...

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