Opinion
306 152808/13.
02-25-2016
31 CORNELIA PROPERTIES CORP., Plaintiff–Appellant, v. Joseph LEMMA, et al., Defendants–Respondents.
Amsterdam & Lewinter, LLP, New York (Joseph P. Mitchell of counsel), for appellant. David E. Frazer, New York, for respondents.
Amsterdam & Lewinter, LLP, New York (Joseph P. Mitchell of counsel), for appellant.
David E. Frazer, New York, for respondents.
Opinion
Order, Supreme Court, New York County (Manuel J. Mendez, J.), entered July 30, 2014, which, to the extent appealed from as limited by the briefs, granted defendants' motion to dismiss the causes of action for breach of representations and warranties, fraudulent inducement, and tortious interference with contract, unanimously affirmed, without costs.
The cause of action for breach of representations and warranties as to the rent-regulatory status of an apartment, made as part of defendants' sale of a building to plaintiff, was correctly dismissed, since the representations and warranties had expired. Moreover, for public policy reasons, landlords and tenants are prohibited from making private agreements to effectively deregulate apartments (Georgia Props., Inc. v. Dalsimer, 39 A.D.3d 332, 334, 835 N.Y.S.2d 41 1st Dept.2007 ).
The cause of action for fraudulent inducement is duplicative of the claim for breach of representations and warranties (Glanzer v. Keilin & Bloom, 281 A.D.2d 371, 372, 722 N.Y.S.2d 540 1st Dept2001 ).
The allegations that support the claim for tortious interference are speculative and conclusory, and fail to make out all the elements of that cause of action (Lama Holding Co. v. Smith Barney, 88 N.Y.2d 413, 424, 646 N.Y.S.2d 76, 668 N.E.2d 1370 1996; Ferrandino & Son, Inc. v. Wheaton Bldrs., Inc., LLC, 82 A.D.3d 1035, 920 N.Y.S.2d 123 2d Dept.2011 ).
MAZZARELLI, J.P., RENWICK, MANZANET–DANIELS, KAPNICK, JJ., concur.