R. T. Realty, Inc. v. Downes

Phillip G. Coffey, Jr., J.

This is a summary proceeding initiated by landlord seeking a final order, evicting tenant from premises 40 South Main Avenue, Albany, New York and a judgment for rent in arrears.

In support of the petition, landlord offers a lease for the premises, purportedly executed by both parties, providing for a monthly rental of $71.88.

Tenant served an answer, alleging fraud and misrepresentation on the part of landlord in the course of the negotiations for the rental of the premises, specifically the failure of landlord to inform tenant that the aforesaid rental figure…