Magalnick v. Empire State Mutual Life Insurance

In this action plaintiff failed to establish the element of deception which is prerequisite in an action for damages for fraud. (Ochs v. Woods, 221 N. Y. 335; Schumaker v. Mather, 133 N. Y. 590, 596; Sylvester v. Bernstein, 283 App. Div. 333, affd. 307 N. Y. 778.)

Moreover, the misrepresentation was not actionable inasmuch as it was in essence a misrepresentation of law or a mere expression of opinion on the part of the defendant as to the legal effect or consequence of what plaintiff did. (Lefferts v. Lefferts, 243 App. Div. 278; Amherst College v. Ritch, 151 N. Y. 282; Reiss v. Levy, 175…