GERWIN & EHRENCLOU v. 964 THIRD AVE. ASSOCS.


90 A.D.2d 712 (1982)

Gerwin & Ehrenclou, Respondent, v. 964 Third Avenue Associates et al., Appellants, et al., Defendants

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

November 9, 1982


Plaintiff is a commercial tenant of the subject premises, a 39-story building, and brought this action against the landlord and its general partners alleging, inter alia, fraudulent overcharge under rent escalation clauses in the premises' leases. The moving affidavit is vague and lacking in detail as to the alleged fraudulent and improper practices of the landlord. It makes an inadequate showing of the existence of a class, providing only conclusory allegations that...

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