Reich v. Mitrani Plasterers Co.

—Order, Supreme Court, New York County (Edward Lehner, J.), entered November 12, 1998, which, inter alla, denied plaintiffs’ motion to file a proposed second amended complaint to add causes of action for fraud and breach of express warranty as against defendant Dryvit Systems, Inc., unanimously affirmed, without costs.

Plaintiffs admittedly did not see the brochures that contained the alleged misrepresentations until after they discovered the complained of damage, and thus could not have relied on them, a necessary element of the proposed fraud cause of action (see, DH Cattle Holdings Co. v…