Murphy v. T. B. O'Toole, Inc.

Layton, J. :

The complaint sets forth all the allegations necessary to support an action in tort based upon fraudulent misrepresentation. The question presented is whether such an action can be maintained in the face of the defense that it amounts to nothing more than a collateral attack upon the judgment of the Area Rent Director granting the certificate of eviction.

It is a well settled principle that Courts will not countenance a collateral attack upon a previous administrative determination until all administrative remedies have been first exhausted. But I think that this principle should…