Locascio v. Aquavella
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously reversed on the law without costs and motion granted. Memorandum: Supreme Court erred in denying defendants’ motion to dismiss plaintiff’s amended cause of action for fraud. Although stated in terms of fraud, the gravamen of plaintiff’s fourth cause of action is that defendants did not intend to perform their obligations under the February 12, 1987 letter of intent by permitting plaintiff to purchase 50% of the shares of defendant professional services corporation. Because the only fraud alleged arises out of the same facts that serve as the basis for his causes of action…
2Cases cited7 opinions
- Sommer v. Federal Signal Corp.New York Court of Appeals · 1992
- Wegman v. Dairylea Cooperative, Inc.Appellate Division of the Supreme Court of the State of New York · 1975
- Charles v. Onondaga Community CollegeAppellate Division of the Supreme Court of the State of New York · 1979
- Jan Sparka Travel, Inc. v. HamzaAppellate Division of the Supreme Court of the State of New York · 1992
- Umfrey v. NeMoyerAppellate Division of the Supreme Court of the State of New York · 1992
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3Cited by8 opinions
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- Moses v. MartinDistrict Court, S.D. New York · 2004
- Papa's-June Music, Inc. v. McLeanDistrict Court, S.D. New York · 1996
- Sudul v. Computer Outsourcing ServicesDistrict Court, S.D. New York · 1994
3 more not listed; retrieve them via the Exa API.