The second cause of action is based upon tortious breach of landlord-tenant contract — nonfeasance, and demands judgment for all rent paid over a period of approximately six years of tenancy. The third cause of action alleges tortious breach of landlord-tenant contract — misfeasance, and seeks damages for malicious and intentional exploitation and oppression. The fourth and fifth causes of action are for the tortious breach of statutory duties (a) nonfeasance, and (b) misfeasance. The sixth cause of action is for the tort of intentional infliction of emotional distress. The seventh cause of action is for the tort of nuisance and seeks a preliminary and permanent injunction against the defendant for failing to correct the City Code violations and abatement of the nuisance. The eighth cause of action is founded upon a prima facie tort.
In addition to the forms of relief mentioned, the plaintiffs demand remedial, compensatory, exemplary and punitive damages in varying amounts for physical injuries caused to some of the plaintiffs and the serious emotional and physiological distress caused to all of them by the defendant.
The plaintiffs, who are the recipients of public assistance by reason of the plaintiff Eugene Golden’s total disability, resided at these premises from 1960 to November, 1963, when they were directed to move by a Monroe County Social Service caseworker as the ‘1 premises were not even minimally fit for human habitation ”. They moved back to this structure in October, 1967 and were residing there at the time this action was instituted. They allege that they are limited to this type of premises by reason of the small amount of public assistance they receive and the acute shortage of low income housing in Monroe County.