Wigod v. Janina Realty Corp.

Defendant moves for judgment on the pleadings and for summary judgment pursuant to rules 112 and 113 of the Rules of Civil Practice.

In their complaint, plaintiffs set forth two causes of action, both of which seek the recovery of damages. The first cause of action is brought pursuant to the provisions of paragraph (3) of subdivision (h) of section 8 of the Business Rent Law (L. 1945, ch. 314, as amd.), and the second is to recover damages for common-law fraud. Under the first cause of action the plaintiffs allege that the landlord, by letter dated January 15, 1948, fraudulently induced them…