770-8TH AVE. CORP. v. PROPPER

The second cause of action is for fraud and deceit, plaintiff landlord alleging that defendant tenant schemed to defraud the landlord and made the arrangements in question never intending in good faith to perform the agreement or exercise in good faith the sixty-day option to cancel. All the essential elements in an action for fraud are alleged and on this motion we must assume the truth thereof. Order unanimously affirmed, with $20 costs and disbursements.