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HORINE v. C P 68 CORP.

69 Misc.2d 857 (1970)

Charles Horine et al., Plaintiffs, v. C P 68 Corp. et al., Defendants.

Supreme Court, Special Term, New York County.

January 8, 1970

Attorney(s) appearing for the Case

Saram Amerling for plaintiffs. Michael Miskin for C. P. Towers Construction Corp., defendant. Martin Kingsley for Oscar N. Falk and others, defendants. Leonard Lazarus for Harry Mallis and others, defendants.

ARNOLD L. FEIN, J.

This is a motion to dismiss pursuant to CPLR 3211 (subd. [a], par. 7) for failure to state a cause of action, or, in the alternative, for summary judgment.

Plaintiffs, who were tenants of a building owned by defendant C P 68 Corp., allege in their first cause of action for treble damages against C P 68 Corp., only, that they were unlawfully evicted from the premises. Eviction was based on certificates of eviction issued by the...

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