In the Matter of SYLVIE GRIMM, Respondent,
v.
STATE OF NEW YORK DIVISION OF HOUSING AND COMMUNITY RENEWAL OFFICE OF RENT ADMINISTRATION, Appellant.
151 OWNERS CORP., Intervenor-Appellant.
Court of Appeals of New York.https://leagle.com/images/logo.png
Argued September 13, 2010.
Decided October 19, 2010.
Attorney(s) appearing for the Case
Gary R. Connor , General Counsel, New York State Division of Housing and Community Renewal, New York City ( Martin B. Schneider of counsel), for appellant.
Legal Services NYC, Brooklyn ( Edward Josephson of counsel), for respondent.
Rosenberg & Estis, P.C., New York City ( Jeffrey Turkel of counsel), for Rent Stabilization Association of NYC, Inc., amicus curiae.
Horing Welikson & Rosen, P.C., Williston Park ( Niles C. Welikson of counsel), for Community Housing Improvement Program, amicus curiae.
Chief Judge LIPPMAN and Judges PIGOTT and JONES concur with Judge CIPARICK; Judge SMITH dissents in a separate opinion in which Judges GRAFFEO and READ concur.
Court of Appeals of New York.
OPINION OF THE COURT
CIPARICK, J.
On this appeal, we are asked to determine whether the rationale employed in Thornton v Baron (5 N.Y.3d 175 [2005]), which allowed the parties to look back farther than four years, applies in a situation where it is alleged that the standard base date rent is tainted by fraudulent conduct on the part of a landlord. We conclude that it does, and that such base date rent may not be...
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