TESS COLOR HAIR SALON, INC. v. FIRST SIGMA CAPITAL INC.

No. 0600296/2005.

2008 NY Slip Op 32264 (U)

TESS COLOR HAIR SALON, INC., Plaintiff, v. FIRST SIGMA CAPITAL INC., Defendant. FIRST SIGMA CAPITAL INC., Third Party Plaintiff, v. VERIZON COMMUNICATIONS, INC., Third Party Defendant.

Supreme Court of the State of New York, New York County.

July 31, 2008.


CHARLES E. RAMOS, Judge.

Motion sequence numbers 004 and 005 are consolidated for disposition.

Plaintiff/tenant Tess Color Hair Salon Inc. ("Tess" or "plaintiff") claims that defendant/landlord First Sigma Capital Inc. ("Sigma" or "defendant") fraudulently concealed from the plaintiff the existence of an encumbrance upon the leased premises in the form of a recorded easement before plaintiff executed the lease agreement. Plaintiff seeks, inter alia, rescission...

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