Legal Opinion

Edwil Industries, Inc. v. Stroba Instruments Corp.

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

Decided June 1, 1987PublishedCited by 19 opinions

1Opinion of the Court

In an action to recover damages for breach of contract, in quantum meruit, and for fraud, the plaintiff appeals from an order of the Supreme Court, Nassau County (Levitt, J.), dated October 3, 1984, which granted the defendants’ cross motion to dismiss the seventh cause of action in the amended complaint, and denied those branches of the plaintiff’s motion which were to dismiss the second additional affirmative defense and the first and sixth affirmative defenses.

Ordered that the order is affirmed, with costs.

It is well settled that no cause of action to recover damages for fraud arises when…

2Cases cited4 opinions

  1. Channel Master Corp. v. Aluminium Limited Sales, Inc.New York Court of Appeals · 1958
  2. North Shore Bottling Co. v. C. Schmidt & Sons, Inc.New York Court of Appeals · 1968
  3. Spellman v. Columbia Manicure Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1985
  4. Gould v. Community Health Plan of Suffolk, Inc.Appellate Division of the Supreme Court of the State of New York · 1984

3Cited by19 opinions

  1. Roldan v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1989
  2. McKernin v. Fanny Farmer Candy Shops, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
  3. Courageous Syndicate, Inc. v. People-To-People Sports Committee, Inc.Appellate Division of the Supreme Court of the State of New York · 1988
  4. Alamo Contract Builders, Inc. v. CTF Hotel Co.Appellate Division of the Supreme Court of the State of New York · 1997
  5. D.S. America (East), Inc. v. Chromagrafx Imaging Systems, Inc.District Court, E.D. New York · 1995

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