Marx v. Commerce Realty Corp.

Reargument of motion to dismiss second cause of action relating to plaintiff Flora Fashions, Inc. This cause of action is to recover excess rents allegedly wrongfully demanded by defendant, as landlord, from said plaintiff, as tenant, and paid by it to and accepted by defendant, in violation of the Commercial Rent Law (L. 1945, ch. 3, as amd.) and to recover, in addition, a penalty or forfeiture.

Defendant moved under subdivision 5 of rule 107 of the Rules of Civil Practice to dismiss said second cause of action upon the ground that there is an existing final judgment of a court of competent…