Fay Estates v. Toys "R" Us, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for fraud and for a judgment declaring that the defendants fraudulently induced the plaintiff to enter into a letter agreement dated December 21, 2000, reducing the rent due pursuant to a lease, the defendants appeal from an order of the Supreme Court, Westchester County (Rudolph, J.), entered February 28, 2005, which *713denied their motion, among other things, to dismiss the action pursuant to CPLR 3211 (a) (4) and (7).
Ordered that the order is modified, on the law and as a matter of discretion, by (1) deleting the provision thereof denying that…
2Cases cited8 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
- Morgenthau v. ErlbaumNew York Court of Appeals · 1983
- Barringer v. ZgodaAppellate Division of the Supreme Court of the State of New York · 1982
- Dempsey v. Intercontinental Hotel Corp.Appellate Division of the Supreme Court of the State of New York · 1987
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3Cited by4 opinions
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- MLF3 Airitan LLC v. 2338 Second Avenue Mazal LLCNew York Supreme Court · 2016