Legal Opinion
Jad Luggage, Inc. v. Joyce Properties, Inc.
New York Supreme Court
Decided May 21, 1957Published
1Opinion of the CourtMorris E. Spector, J.
Upon the foregoing papers this motion by defendant De Milo, Inc., for a judgment, pursuant to rule 106 of the Rules of Civil Practice, dismissing the “ Fifth cause of action ” of the complaint, as against it, is granted. Plaintiff was a tenant of Joyce Properties, Inc., and alleges that it was induced to move from the premises it occupied by false representations of both defendants. Defendant De Milo is the present tenant of the premises.
Plaintiff’s causes of action against the landlord are statutory and there was no cause of action at common law (Rosner v. Textile Binding & Trimming Co., 300…
2Cases cited5 opinions
- H. Kauffman & Sons Saddlery Co. v. MillerNew York Court of Appeals · 1948
- Rosner v. Textile Binding & Trimming Co.New York Court of Appeals · 1950
- Sno-Wite, Inc. v. Gerald Operating Corp.New York Court of Appeals · 1948
- N. R. M. Garage Corp. v. Morris Feig Garage Corp.Appellate Division of the Supreme Court of the State of New York · 1951
- N. R. M. Garage Corp. v. Morris Feig Garage Corp.New York Court of Appeals · 1952