200 E. 27TH v. SCHIFFMILLER


8 Misc.3d 345 (2005)

200 EAST 27TH LLC, Plaintiff, v. MARYN SCHIFFMILLER-NACHSHEN et al., Defendants.

Supreme Court, New York County.

May 5, 2005.


Attorney(s) appearing for the Case

Himmelstein, McConnell, Gribben, Donaghue & Joseph, New York City, for defendants.

Belking Burden Wenig & Goldman, New York City, for plaintiff.


OPINION OF THE COURT

EDWARD H. LEHNER, J.

The prime issue raised on this motion by defendants pursuant to CPLR 3211 (a) (1) and (7) to dismiss the complaint is whether the plaintiff landlord may recover money damages in an action based on defendants' alleged fraud in failing to advise their landlord that the apartment they leased was not their primary residence.

Defendants are the tenants of apartment...

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