Legal Opinion

Tribune Printing Co., Inc. v. 263 Ninth Ave. Realty, Inc.

New York Court of Appeals

Decided November 11, 1982PublishedCited by 26 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division, except that, contrary to the statement in said memorandum, a representation which is promissory in nature may constitute a misrepresentation of an existing fact. (Adams v Gillig, 199 NY 314.) The correct rule provides that a false statement, promissory in nature, “may be deemed the statement of a material existing fact, because it falsely represents the…

2Cases cited4 opinions

  1. Rudman v. Cowles Communications, Inc.New York Court of Appeals · 1972
  2. Adams v. . GilligNew York Court of Appeals · 1910
  3. Adams v. ClarkNew York Court of Appeals · 1925
  4. Deyo v. . HudsonNew York Court of Appeals · 1919

3Cited by26 opinions

  1. Meisel v. GrunbergDistrict Court, S.D. New York · 2009
  2. Braddock v. BraddockAppellate Division of the Supreme Court of the State of New York · 2009
  3. Green v. Dolphy Construction Co.Appellate Division of the Supreme Court of the State of New York · 1992
  4. Glassman v. CatliAppellate Division of the Supreme Court of the State of New York · 1985
  5. Murphy v. GutfreundDistrict Court, S.D. New York · 1984

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