Conason v. Megan Holding, LLC

The majority holds, apparently on the basis of Thornton v Baron (5 NY3d 175 [2005]) and Matter of Grimm v State of N.Y. Div. of Hous. & Community Renewal Off of Rent Admin. (15 NY3d 358 [2010]), that because the tenants “advance a colorable claim of fraud within the meaning of Grimm . . . Supreme Court in this case properly considered tenants’ counterclaim alleging rent overcharges notwithstanding expiration of the four-year statute of limitations to which such claims are generally subject” (majority op at 16). Thornton and Grimm do not support that conclusion, and there are strong policy…