Rosner v. Textile Binding & Trimming Co.

Defendant moves for judgment on the pleadings dismissing the complaint, pursuant to rule 112 of the Rules of Civil Practice. The action is by tenants of commercial space, to recover damages under the emergency Commercial Rent Law, based on the landlord’s leasing premises to a third person after the tenants vacated therefrom. In the first cause of action the tenant seeks damages under the emergency rent law and in the second cause upon fraud and deceit. Both causes are predicated upon the allegation that the landlord had notified the tenant, both verbally and in writing, before the expiration…