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McMAHON v. NEW CASTLE ASSOCIATES

Civ. A. No. 8707.

532 A.2d 601 (1987)

Gordon McMAHON, individually and on behalf of all other tenants and former tenants similarly situated, Plaintiff, v. NEW CASTLE ASSOCIATES, Pan American Associates, Richard I. Rubin & Co., Defendants.

Court of Chancery of Delaware, New Castle County.

Decided: August 21, 1987.

Attorney(s) appearing for the Case

John E. James, and Robert K. Payson, of Potter Anderson & Corroon, Wilmington, and Michael Malakoff, and Fred S. Longer, of Berger, Kapetan, Malakoff & Meyers, P.C., Pittsburgh, Pa., of counsel, for plaintiff.

Mary M. Johnston, William F. Lynch, II, and Edward M. McNally, of Morris, James, Hitchens & Williams, Wilmington, and Michael S. Silberman, of Silberman & Raslavich, Philadelphia, Pa., of counsel, for defendants.

OPINION

ALLEN, Chancellor.

This class action, in which a tenant seeks the recovery of money from his landlord, is before the Court on defendant's motion to dismiss for lack of equity jurisdiction. 10 Del.C. § 342. For the reasons that follow, I conclude that the complaint alleges essentially a legal claim for damages. That is, it alleges neither a relationship between the parties uniquely recognized in chancery nor facts which, if true, would...

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