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1205-15 FIRST AVENUE ASSOCIATES, LLC v. McDONOUGH

7 A.D.3d 363 (2004)

775 N.Y.S.2d 856

1205-15 FIRST AVENUE ASSOCIATES, LLC, Appellant, v. DANIEL McDONOUGH, Respondent, ET AL., Defendants.

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

May 13, 2004.

The fraud causes of action were not sufficiently pleaded in accordance with CPLR 3016 (b), failing to set forth specific facts or details of alleged misrepresentation as to the status of defendant's tenancy (see Glickman v Alper, 236 A.D.2d 230, 231 [1997]), and the proposed amended complaint failed to correct that deficiency. Defendant's rent-stabilized lease, executed subsequent to the filing of a notice of pendency, was not voidable...

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