Moser v. Spizzirro
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment of the Supreme Court, Westchester County, dated December 13, 1967, modified, on the law and the facts, by striking out the second adjudicatory paragraph, except the provision awarding plaintiffs the costs of the action and directing execution therefor. As so modified, judgment affirmed, without costs. In our opinion, the second cause of action, for fraudulent concealment, should have been dismissed for failure of proof. The mere silence of defendants, unaccompanied by some act or conduct which deceived plaintiffs, was not an actionable fraud in the absence of any confidential or…
2Cases cited8 opinions
- Ultramares Corp. v. ToucheNew York Court of Appeals · 1931
- Reno v. . BullNew York Court of Appeals · 1919
- Amend v. HurleyNew York Court of Appeals · 1944
- State Street Trust Co. v. ErnstNew York Court of Appeals · 1938
- Dambmann v. . SchultingNew York Court of Appeals · 1878
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3Cited by32 opinions
- Brass v. American Film Technologies, Inc.Court of Appeals for the Second Circuit · 1993
- County of Westchester v. Welton Becket AssociatesAppellate Division of the Supreme Court of the State of New York · 1984
- In Re Gas Reclamation, Inc. Securities LitigationDistrict Court, S.D. New York · 1987
- Quintel Corp., N v. v. Citibank, N.A.District Court, S.D. New York · 1984
- Powers Mercantile Corp. v. FeinbergAppellate Division of the Supreme Court of the State of New York · 1985
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