Legal Opinion
200 East 27th LLC v. Schiffmiller-Nachshen
New York Supreme Court
Decided May 5, 2005Published
1Opinion of the Court
*346OPINION OF THE COURT
Edward H. Lehner, J.
The prime issue raised on this motion by defendants pursuant to CPLR 3211 (a) (1) and (7) to dismiss the complaint is whether the plaintiff landlord may recover money damages in an action based on defendants’ alleged fraud in failing to advise their landlord that the apartment they leased was not their primary residence.
Defendants are the tenants of apartment 9C at 201 East 25th Street. The building is operated as a cooperative, and plaintiff is the holder of the unsold shares applicable to the apartment. Defendants’ occupancy is subject to the Rent…
2Cases cited18 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Gordon v. Bialystoker Center & Bikur Cholim, Inc.New York Court of Appeals · 1978
- MATTER OF 61 JANE ST. ASSOCS. v. New York City Conciliation & Appeals Bd.New York Court of Appeals · 1985
- Vermeer Owners, Inc. v. GutermanNew York Court of Appeals · 1991
- 615 Co. v. MikeskaNew York Court of Appeals · 1990
13 more not listed; retrieve them via the Exa API.