Legal Opinion

1205-15 First Avenue Associates v. McDonough

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

Decided May 13, 2004Published

1Opinion of the Court

Judgment, Supreme Court, New York County (Marilyn Shafer, J.), entered August 12, 2003, which dismissed the complaint, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered August 22, 2003, granting defendant’s dismissal motion and denying plaintiffs cross motion to amend the complaint, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

The fraud causes of action were not sufficiently pleaded in accordance with CPLR 3016 (b), failing to set forth specific facts or details of alleged misrepresentation as to the status of…

2Cases cited2 opinions

  1. Rima 106, L.P. v. AlvarezAppellate Division of the Supreme Court of the State of New York · 1999
  2. Glickman v. AlperAppellate Division of the Supreme Court of the State of New York · 1997

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