Liberty Adjustment Co. v. Gillette

Headnote

Landlord and tenant — false representations— pleading — sufficiency of complaint in action to recover moneys deposited and expended and for damages arising from false representation whereby plaintiff was induced to sublease premises.

Liberty Adjustment Co., Inc., v. Gillette, 215 App. Div. 805 , affirmed.

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 22, 1926, which affirmed an order of Special Term denying a motion by defendants for a dismissal of the complaint which alleged that plaintiff, through the false representations of defendants, had been induced to sublease certain premises of which defendants were lessors and demanded judgment for the amount of moneys deposited and expended and for damages.

The following question was certified: “ Does the complaint herein state facts sufficient to constitute a cause of action? ”

Order affirmed, with costs; question certified answered in the affirmative;