In an article published on these pages on June 23, 2020 entitled “The Court of Appeals Ruling in Regina and its Potential Impact Upon Settled Claims” I wrote about the ground breaking 4-3 decision of Regina Metro. Co., LLC v. New York State Div. of Hous. & Community Renewal, 2020 N.Y. LEXIS 779, 2020 NY Slip Op 02127 (April 2, 2020) (Regina)[1] which among other things found that the retroactive application of Part F of the Housing Stability and Tenant Protection Act (HSTPA) was unconstitutional on due process grounds and the ramifications of such a holding on the enforcement of settled claims. The implications of that holding which struck down, as violative of substantive due process, a remedial statute duly enacted by the Legislature, will reverberate downward and throughout our legal system and will be felt for years to come.

But there was another feature of the Regina decision which didn’t get as much coverage but nonetheless may be just as impactful, which is the court’s discussion of the issue of fraud.

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