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SANDLOW v. 305 RIVERSIDE CORP.

Index No. 106025/11. Appeal No. 14767-14767A. Case Nos. 2020-04523, 2021-00654.

201 A.D.3d 418 (2022)

159 N.Y.S.3d 415

2022 NY Slip Op 00023

Thomas Sandlow, Respondent-Appellant, v. 305 Riverside Corp., Also Known as 305 Riverside Dr. Corporation, Appellant-Respondent.

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

Decided January 4, 2022.

Attorney(s) appearing for the Case

Horing Welikson Rosen & Digrugilliers, P.C., Williston Park (Niles C. Welikson of counsel), for appellant-respondent.

Sokolski & Zekaria, P.C., New York (Daphna Zekaria of counsel), for respondent-appellant.

Concur—Renwick, J.P., Mazzarelli, Singh, Mendez, Higgitt, JJ.

Defendant's failure to provide plaintiff's predecessor with notice of the last legal regulated rent, although a violation of law, was not fraudulent (Fuentes v Kwik Realty LLC, 186 A.D.3d 435, 438 [1st Dept 2020]), especially since, as Supreme Court found, the deregulation of the apartment in 1997 was proper (compare 9 NYCRR 2522.5[c][3] [precluding rent increases "unless the owner can establish that the rent collected was otherwise legal"]). Defendant's agent...

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