We write with regard to an article published in the New York Law Journal on Monday, July 6, 2020, entitled “‘Regina’ and Fraud: A Much Needed Clarification” written by Nativ Winiarsky. The article purports to analyze a recent decision issued by the Court of Appeals, Regina Metro Co. LLC v. New York State Div. of Housing & Community Renewal, (2020 NY Slip Op 02127 [Apr. 2, 2020]) (“Regina”), and concludes that the “default formula” is only available when a tenant successfully establishes that the base date rent is the result of a “complete fabricated event.”

The article is both misleading and errant. 

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