Opinion
October 29, 1951.
Present — Johnston, Acting P.J., Adel, Sneed, Wenzel and MacCrate, JJ. [ 200 Misc. 694.]
In an action to restrain a landlord from proceeding to recover possession of leased premises, after the expiration of the lease term, it is alleged that the landlord is motivated by the fact that the tenants have used the premises for entertainment of guests who are members of a race other than Caucasian. Order granting defendant's motion to dismiss the complaint, on the ground that it fails to state facts sufficient to constitute a cause of action, unanimously affirmed, with $10 costs and disbursements. No opinion.