STOEHRER v. SATTLER


18 A.D.2d 683 (1962)

George Stoehrer, Respondent, v. Alois Sattler et al., Appellants

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

December 10, 1962


Order affirmed, with $10 costs and disbursements.

Defendants' time to serve their answers is extended until 20 days after entry of the order hereon. We agree with the determination of the Special Term that the second cause of action adequately pleads a cause of action based upon defendants' fraud in inducing plaintiff to surrender possession of a rent-controlled apartment for one that was not subject to rent control. The cause of action is not insufficient merely because it may not allege the proper measure of damages (A. S. Rampell, Inc., v. Hyster Co., 3 N.Y.2d 369, 383). Since the motion to dismiss the complaint is addressed to the entire complaint and since at least one cause of action is sufficient, the motion was properly denied (Advance Music Corp. v. American Tobacco Co., 296 N.Y. 79, 84; Altman v. Altman, 15 A.D.2d 546).


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