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Tranquillo v. Hausman

Appellate Division of the Supreme Court of New York, Second Department
Nov 26, 1979
72 A.D.2d 811 (N.Y. App. Div. 1979)

Opinion

November 26, 1979


In an action, inter alia, to declare defendants' proposed rental increase unconscionable and to determine a fair and reasonable increase, plaintiff appeals from (1) an order of the Supreme Court, Westchester County, entered June 21, 1979, which granted defendants' motion to dismiss the complaint for failure to state a cause of action and (2) a judgment of the same court, entered thereon on July 5, 1979. Appeal from the order dismissed (see Matter of Aho, 39 N.Y.2d 241, 248). Judgment affirmed. Defendants are awarded one bill of $50 costs and disbursements to cover both appeals. Special Term correctly concluded that no lease had been entered into and, therefore, that section 235-c Real Prop. of the Real Property Law was inapplicable. Concerning the asserted equitable cause of action, appellant's bare conclusory allegation of malicious and unconscionable conduct was insufficient to raise an issue as to the propriety of respondents' conduct. (See Euclid Ave. Assoc. v City of New York, 64 A.D.2d 550; Globerman v Grand Cent. Parkway Gardens, 115 N.Y.S.2d 757, affd 281 App. Div. 820. ) Damiani, J.P., Gulotta, Margett and Gibbons, JJ., concur.


Summaries of

Tranquillo v. Hausman

Appellate Division of the Supreme Court of New York, Second Department
Nov 26, 1979
72 A.D.2d 811 (N.Y. App. Div. 1979)
Case details for

Tranquillo v. Hausman

Case Details

Full title:ALBERT TRANQUILLO, Appellant, v. ROBERT J. HAUSMAN et al., Individually…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 26, 1979

Citations

72 A.D.2d 811 (N.Y. App. Div. 1979)