GARZA v. NUNZ REALTY, LLC

Index No. 160593/18. Appeal No. 12001. Case No. 2019-04238.

187 A.D.3d 467 (2020)

132 N.Y.S.3d 123

2020 NY Slip Op 05578

Elizabeth Garza et al., Appellants, v. Nunz Realty, LLC, et al., Respondents.

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

Decided October 8, 2020.


In this action where plaintiffs allege that the porter of the apartment building where they reside made a false report to New York City's Child Protective Services (CPS), the court properly dismissed plaintiffs' third cause of action for breach of lease/warranty of habitability, since that cause of action was previously settled by the parties in their 2018 stipulation of settlement. Plaintiffs failed to state a cause of action for fraud (fifth cause of action) because they...

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