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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Graham Court Owners Corp. v. Powell, 196 Misc. 2d 825 (2003)

Citation
Graham Court Owners Corp. v. Powell, 196 Misc. 2d 825 (2003)
Parent Document
Graham Court Owners Corp. v. Powell, 196 Misc. 2d 825 (2003)
Jurisdiction
New York (state)
Effective Date
2003-07-03

Full Text

545 chars
Respondent argues that this court has jurisdiction over this counterclaim because it does not seek a penalty as defined under 28 USC § 1355 (a) because those remedies are specific to EPA and HUD. Rather, respondent states that this is a private cause of action seeking recovery of treble damages, costs and attorneys’ fees. When a party seeks the dismissal based on fail*830ure to state a cause of action, the court need only look to whether a cause of action has been pleaded and not pass on the merits. (Rovello v Orofino, 40 NY2d 633 [1976].)