Eugene Golden et al., Individually, and on Behalf of Their Five Unemancipated Children, et al., Plaintiffs, v. Marvin Gray, Defendant.
Supreme Court, Monroe County,
December 8, 1971.
Liebschuts, Sutton, De Leeuw, Clark é Lewis (Frank B. Monfredo of counsel), for defendant. Michael Nelson for plaintiffs.
Jacob Ark, J.
This is a motion by the defendant to dismiss the eight causes of action alleged in the complaint on the ground that no cause of action is stated. The plaintiffs have moved for an order to compel the defendant to answer. The parties agreed upon an established principle of law, that on a motion to dismiss the complaint on the ground that no cause of action is stated, •the allegations in the complaint are assumed to be true (Denihan Enterprises v. O’Dwyer, 302 N. Y. 451, 458).
The plaintiffs are husband and wife, who commenced this action on behalf of themselves and their five unemancipated children and an emancipated child. The defendant is the owner of a single dwelling at 125 George Street, Rochester, New York, occupied by the plaintiffs on an oral month-to-month tenancy. The property is in violation of the Building Code of the City of Rochester.
The first cause of action is designated as an intentional tort of ‘ ‘ slumlordism ’ ’ which the plaintiffs state does not fall in any previously defined tort categories, but should be “ a means by which a human being who has been the victim of injuries, outrages and indignities may receive through acceptable’ legal channels redress in the form of monetary damages.”