41 A.D.2d 547 | N.Y. App. Div. | 1973
In an action to recover damages for prima facie willful tort, plaintiffs appeal from an order of the Supreme Court, Queens County, dated February 24, 1971, which granted defendants’ motion to dismiss the complaint for failure -to state a cause of action." Order reversed,-‘’with $10 costs and' disbursements, and motion denied. ' In a 49-paragraph complaint, plaintiffs set forth four causes of action arising out of: what they call a prima facie willful tort surrounding an oral agreement for the leasing of an apartment in a rent-controlled building. In the first cause of action, which seeks compensatory damages of $150,000, plaintiffs allege an oral agreement for the leasing, to them" of an apartment for a period of two years with defendants’ renting agent who represented to plaintiffs that she had. authority to make said agreement and to cause it to.be consummated by execution of a written lease