In a decision of first impression, petitioner brought a nonpayment proceeding against respondent based on an unregulated lease agreement in the amount of $1,800 per month. Respondent moved to amend the complaint to include a common law fraud. The motion was granted.
Brooklyn Housing Court Judge Karen May Bacdayan held that Regina Metro. Co., LLC v. New York State Div. of Hous. & Community Renewal, the binding law in these types of cases, was incorrectly interpreted, and that a “famous” footnote from the case, when read in total, actually says something else.
