MILLER v. MYGOLD REALTY CORP.


283 A.D. 745 (1954)

David Miller et al., Respondents, v. Mygold Realty Corporation, Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 23, 1954.


Order reversed on the law, with $10 costs and disbursements, and motion granted, with $10 costs.

In our opinion, the amended complaint now before us fails to state facts which constitute a cause of action against appellant. Taking the allegations of the complaint as true, the fraud and conspiracy therein charged to appellant resulted only in the substitution of one lease, illegal as to its provisions for the payment of rent, for another, similarly illegal, and

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