Tenant Doesn't Show Fraud by New Landlord in Building Purchase

December 23, 2018

LVT Number: #29794

Tenant, who was the former building owner and who sold the building to current landlord, asked the court for an injunction to prevent her eviction from the building. The court ruled against tenant, who appealed and lost. Tenant claimed that landlord and others involved in the transaction for sale of the building were guilty of overreaching, undue influence, and fraud. But many of tenant's claims were made upon information and belief only and were therefore insufficient to prove there had in fact been any fraud. The lower court properly dismissed the case.

Tenant, who was the former building owner and who sold the building to current landlord, asked the court for an injunction to prevent her eviction from the building. The court ruled against tenant, who appealed and lost. Tenant claimed that landlord and others involved in the transaction for sale of the building were guilty of overreaching, undue influence, and fraud. But many of tenant's claims were made upon information and belief only and were therefore insufficient to prove there had in fact been any fraud. The lower court properly dismissed the case.

Weinberg v. Kaminsky: 166 A.D.3d 428, 2018 NY Slip Op 07652 (App. Div. 1 Dept.; 11/13/18; Acosta, PJ, Friedman, Kapnick, Webber, Moulton, JJ)

Topics

More like this