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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

McFadden v. Sassower, 27 Misc. 3d 45 (2010)

Citation
McFadden v. Sassower, 27 Misc. 3d 45 (2010)
Parent Document
McFadden v. Sassower, 27 Misc. 3d 45 (2010)
Jurisdiction
New York (state)
Effective Date
2010-02-23

Full Text

798 chars
Landlord has also appealed from the denial of the branch of his motion seeking to dismiss tenant’s counterclaims. In light of our finding that the contract of sale was cancelled upon the cooperative corporation’s refusal to approve it, tenant had no rights to enforce under the contract of sale and occupancy agreement. To the extent that tenant’s counterclaims seek to enforce such rights, they should have been dismissed. Moreover, as noted above, tenant failed to allege sufficient facts to support a cause of action for fraud or retaliatory eviction, and the facts alleged by tenant in support of her first three counterclaims fail to state any cause of action upon which relief could be granted. Accordingly, landlord’s motion to dismiss the first three counterclaims should have been granted.