Glatzer v. Scappatura

In an action to recover damages for fraud, plaintiff appeals from an order of the Supreme Court, Westchester County (Sullivan, J.), entered June 7, 1984, which granted defendants Cecil Citron and Sherman & Citron’s motion to dismiss the third amended complaint as to them.

Order affirmed, with costs.

Plaintiffs second, third, fourth, and sixth causes of action fail to state a claim sounding in fraud against the moving defendants because plaintiff has failed to allege that the moving defendants made any representation, fraudulent or otherwise, to him (see, Glatzer v Scappatura, 99 AD2d 505). The…