Katz 737 Corp. v. Cohen

Although I concur in the outcome, namely the dismissal of Katz 737 Corp.’s (hereinafter referred to as the landlord) complaint, I do so on the ground that the landlord failed to plead fraud with particularity. I disagree with Justice Andrias’s concurrence that the landlord’s common-law cause of action for damages arising from the defendants’ alleged fraud is preempted by the luxury decontrol statute. I also disagree with the majority that the landlord’s action is foreclosed on the ground that the New York State Division of Housing and Community Renewal (hereinafter referred to as DHCR) has…