Tenant Claims Case Settled Under False Pretenses

February 1, 2001

LVT Number: 14719

Rent-controlled tenant sued landlord for fraud, restoration to apartment, and triple damages. Landlord and tenant had signed a written settlement agreement in which tenant agreed to move out based on landlord's claim that he needed the apartment for owner occupancy purposes. Tenant claimed fraud when another tenant moved into the apartment. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and won in part. Tenant's claim of landlord's false intent at the time he signed the agreement was grounds for a fraud claim.

Rent-controlled tenant sued landlord for fraud, restoration to apartment, and triple damages. Landlord and tenant had signed a written settlement agreement in which tenant agreed to move out based on landlord's claim that he needed the apartment for owner occupancy purposes. Tenant claimed fraud when another tenant moved into the apartment. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and won in part. Tenant's claim of landlord's false intent at the time he signed the agreement was grounds for a fraud claim. But since tenant moved out before landlord ever got a certificate of eviction from the DHCR, there was no legal basis for a claim of triple damages and attorney's fees.

Pomranz v. Tauber: NYLJ, 1/29/01, p. 24, col. 6 (App. Div.1 Dept.; Nardelli, JP, Williams, Andrias, Wallach, Lerner, JJ)

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