Mephisto Management, LLC v. Moon 170 Mercer, Inc.

Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered on or about July 11, 2014, which, insofar as appealed from, granted so much of defendants’ motion as sought to dismiss the wrongful eviction claim, and denied so much of the motion as sought to dismiss the fraud claim, unanimously reversed, on the law, with costs and the motion denied as to the wrongful eviction claim and granted as to the fraud claim.

The complaint states a cause of action for wrongful eviction based on an invalid warrant (RPAPL 853; see e.g. Rodriguez v 1414-1422 Ogden Ave. Realty Corp., 304 AD2d 400 [1st…