Elisco Manufacturing Corp. v. Associated Transport, Inc.

In this consolidated action wherein defendant, sublessor, is suing for an alleged balance of rent due and one of plaintiff sublessee’s cross complaints alleges damages arising from fraud and misrepresentation upon the execution of the lease, defendant moves for summary judgment pursuant to rule 113 of the Rules of Civil Practice.

Motion denied. The moving papers reveal many questions of fact included but not limited to the question of defendant’s title and its alleged misrepresentation and fraud.

The general rule is that a tenant may not dispute his landlord’s title for he is estopped from…