Horine v. C P 68 Corp.

This is a motion to dismiss pursuant to CPLR 3211 (subd. [a], par. 7) for failure to state a cause of action, or, in the alternative, for summary judgment.

Plaintiffs, who were tenants of a building owned by defendant C P 68 Corp., allege in their first cause of action for treble damages against C P 68 Corp., only, that they were unlawfully evicted from the premises. Eviction was based on certificates of eviction issued by the Local Rent Administrator of the Temporary State Housing Rent Commission, on landlord’s representation that it desired in good faith to obtain possession of the premises…