Legal Opinion

Taschman v. University of Rochester

Appellate Division of the Supreme Court of the State of New York

Decided December 29, 1993PublishedCited by 2 opinions

1Opinion of the Court

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Damages in a fraudulent misrepresentation action are not recoverable if they did not result directly from the fraudulent misrepresentation or if they are speculative (see, Dress Shirt Sales v Hotel Martinique Assocs., 12 NY2d 339, 343-344; Reno v Bull, 226 NY 546, 553; Delcor Labs. v Cosmair, Inc., 169 AD2d 639, 640, lv dismissed 78 NY2d 952; Mihalakis v Cabrini Med. Ctr., 151 AD2d 345, 346, lv dismissed in part and denied in part 75 NY2d 790). Defendant is entitled to…

2Cases cited5 opinions

  1. Reno v. . BullNew York Court of Appeals · 1919
  2. Dress Shirt Sales, Inc. v. Hotel Martinique AssociatesNew York Court of Appeals · 1963
  3. Mihalakis v. Cabrini Medical CenterAppellate Division of the Supreme Court of the State of New York · 1989
  4. Delcor Laboratories, Inc. v. Cosmair, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
  5. In re the Estate of ObersteinNew York Court of Appeals · 1990

3Cited by2 opinions

  1. Serbalik v. General Motors Corp.Appellate Division of the Supreme Court of the State of New York · 1998
  2. OSJ, Inc. v. WorkNew York Supreme Court · 1999

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