McLEOD v. POMERANC


203 Misc. 250 (1952)

Malcolm W. McLeod et al., Respondents, v. Dora Pomeranc, Appellant.

Supreme Court, Appellate Term, First Department.

November 13, 1952.


Attorney(s) appearing for the Case

Murray Rafsky for appellant.

Martin Green for respondents.

HOFSTADTER and HECHT, JJ., concur in Per Curiam memorandum; SCHREIBER, J., dissents in opinion.


Per Curiam.

A statutory tenant who surrenders possession in reliance on fraudulent representations of his landlord regarding his intended use of the premises may not maintain a common-law action for fraud (Rosner v. Textile Binding & Trimming Co., 300 N.Y. 319).

The order should be reversed, with $10 costs and disbursements, and motion granted.

SCHREIBER...

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