Goldstein v. CIBC World Markets Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Richard B. Lowe, III, J.), entered October 23, 2003, which granted the motion of defendants CIBC and Emmerich to dismiss the claim for unjust enrichment for failure to state a cause of action, but denied dismissal of the claims for fraud and breach of contract (the latter challenged on the additional ground of documentary evidence) against them, unanimously modified, on the law, the cause of action for fraud dismissed, and otherwise affirmed, without costs.
Documentary evidence submitted by defendants, as well as plaintiffs own affidavit, indicates that…
2Cases cited8 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
- National Westminster Bank USA v. WekselAppellate Division of the Supreme Court of the State of New York · 1987
- Megaris Furs, Inc. v. Gimbel Brothers, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- Freitas v. Geddes Savings & Loan Ass'nNew York Court of Appeals · 1984
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