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AMPIM v. 160 E. 48TH ST. OWNER II LLC

Index No. 154979/17. Appeal No. 16253. Case No. 2021-03412.

208 A.D.3d 1085 (2022)

176 N.Y.S.3d 13

2022 NY Slip Op 05263

Kofi Ampim et al., Plaintiffs, and Adam Weinstein, Appellant, v. 160 East 48th Street Owner II LLC, Respondent.

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

Decided September 27, 2022.

Attorney(s) appearing for the Case

Law Office of Richard A. Altman, New York ( Richard A. Altman of counsel), for appellant.

Kucker Marino Winiarsky & Bittens, LLP, New York ( Vladimir Favilukis of counsel), for respondent.

Concur—Webber, J.P., Kern, Singh, Moulton, Shulman, JJ.

The motion court properly denied plaintiff's motion for summary judgment on the record before it. Contrary to plaintiff's contention, an increase in rent and failure to register the apartment with the Division of Housing and Community Renewal (DHCR), standing alone, are insufficient to establish a colorable claim of a fraudulent scheme to deregulate the apartment (Matter of Grimm v State of N.Y. Div. of Hous. & Community...

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