Fleet Factors Corp. v. Van Dorn Retail Management, Inc.

Order, Supreme Court, New York County (Carol E. Huff, J.), entered May 23, 1991, which, to the extent appealed from, granted so much of third-party defendants’ motion as sought summary judgment dismissing third-party plaintiff’s fraud cause of action, and denied so much of that motion as sought leave to amend the third-party defendants’ answer, unanimously affirmed, without costs.

We affirm the dismissal of the fraud cause of action, although for reasons other than that stated by the IAS court. *557Despite the completion of substantial discovery, third-party plaintiff has failed to provide any…