Citrone v. Palladino

The defendant moves to dismiss the complaint for legal insufficiency, or, in the alternative, to strike out 22 of the 28 paragraphs of the complaint, which purports to set forth three causes of action.

The first cause of action claims that through fraud, duress, threats of violence and other acts, plaintiff suffered special damages of $5,090, and general damages of $10,000, by being required to vacate the front portion of her six-room apartment on the third floor of the defendant’s three-family house. She also demands that the damages be trebled, pursuant to section 535 of the Real Property…