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HESS v. EDR ASSETS LLC

Index No. 160494/17. Appeal No. 14817. Case No. 2021-01276.

200 A.D.3d 491 (2021)

155 N.Y.S.3d 89

2021 NY Slip Op 06920

Michele E. Hess et al., Respondents, v. EDR Assets LLC et al., Appellants. (And Another Action.).

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

Decided December 9, 2021.

Attorney(s) appearing for the Case

Kucker Marino Winiarsky & Bittens, LLP, New York ( Nativ Winiarsky of counsel), for appellants.

Newman Ferrara LLP, New York ( Roger A. Sachar of counsel), for respondents.

Concur—Kapnick, J.P., Moulton, González, Rodriguez, Pitt, JJ.

We decline to consider defendants' argument that, as a matter of law, they did not engage in a fraudulent scheme to deregulate units because they merely delayed in re-registering the units after the Court of Appeals decided Roberts v Tishman Speyer Props., L.P. (13 N.Y.3d 270 [2009]), as this argument presents factual issues that were not submitted to the motion court (see Mable v 384...

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