LUKOWSKY v. SHALIT

Plaintiff's fraud claim is sufficiently stated, and may be established, on the basis of the 1978-1981 lease and defendant Bogoni's alleged misrepresentations in connection with the 1980 "sublease", independent of any rights which plaintiff may have acquired under the alleged 1979-1982 lease. We therefore need not now determine said defendant's contentions attacking the 1979-1982 lease as unenforceable on grounds of illegal consideration. We have considered said defendant's other contentions and find them to be without merit.

Concur — Sullivan, J.P., Carro, Milonas, Smith and Rubin, JJ.