Legal Opinion
Gervasio v. Di Napoli
Appellate Division of the Supreme Court of the State of New York
Decided January 12, 1987PublishedCited by 6 opinions
1Opinion of the Court
—In an action, inter alia, to recover damages for fraud, the defendant Frank Porco appeals from an order of the Supreme Court, Westchester County (Benson, J.), dated September 30, 1985, which denied his motion to dismiss the plaintiffs amended complaint as against him for failure to state a cause of action.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the amended complaint is dismissed as against the defendant Frank Porco.
The plaintiffs cause of action alleging fraud does not sufficiently comply with the requirements of particularity set forth in CPLR…
2Cases cited2 opinions
- Lapis Enterprises, Inc. v. International Blimpie Corp.Appellate Division of the Supreme Court of the State of New York · 1981
- Gill v. Caribbean Home Remodeling Co.Appellate Division of the Supreme Court of the State of New York · 1979
3Cited by6 opinions
- Thaler & Gertler, L. L. P. v. WeitzManAppellate Division of the Supreme Court of the State of New York · 2001
- Penna v. CaratozzoloAppellate Division of the Supreme Court of the State of New York · 1987
- Milin Pharmacy, Inc. v. Cash Register Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- Michaelson v. ScadutoAppellate Division of the Supreme Court of the State of New York · 1994
- Conroy v. Ford Motor Co.Appellate Division of the Supreme Court of the State of New York · 1989
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