Halprin v. 2 Fifth Avenue Co.

Fein, J. P.,

dissents in a memorandum as follows: Fein, J. P. (dissenting). The facts are fairly stated in the majority opinion. It is undisputed that at the time the parties entered into the leases in issue the landlord had pending before the Conciliation and Appeals Board (CAB) an application for a rent increase and that the landlord failed to disclose this fact to the plaintiffs. Premised on this failure to disclose and the lack of a "meaningful choice” (Williams v Walker-Thomas Furniture Co., 350 F2d 445, 449-450; Blake v Biscardi, 62 AD2d 975, 977), Special Term declared that paragraph 3…