Legal Opinion
Bhandari v. Architects
Appellate Division of the Supreme Court of the State of New York
Decided May 19, 2011PublishedCited by 6 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered September 1, 2010, which granted defendant’s motion to dismiss the complaint, unanimously modified, on the law, to deny the motion as to the causes of action for common-law fraud, and otherwise affirmed, without costs.
Flaintiffs’ claims are not preempted by the Martin Act (General Business Law art 23-A) since, with respect to each cause of action in the complaint, plaintiffs allege not that defendant omitted to disclose information required under the Martin Act but that it affirmatively misrepresented, as part of the…
2Cases cited3 opinions
- Sykes v. RFD Third Avenue 1 Associates, LLCNew York Court of Appeals · 2010
- Assured Guaranty (UK) Ltd. v. J.P. Morgan Investment Management Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Peach Parking Corp. v. 346 West 40th Street, LLCAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by6 opinions
- Sawabeh Information Services Co. v. BrodyDistrict Court, S.D. New York · 2011
- Cathy Daniels, Ltd. v. WeingastAppellate Division of the Supreme Court of the State of New York · 2012
- Board of Mgrs. of the 432 Park Condominium v. 56th & Park (NY) Owner, LLCAppellate Division of the Supreme Court of the State of New York · 2026
- Sutton Apartments Corp. v. Bradhurst 100 Development LLCAppellate Division of the Supreme Court of the State of New York · 2013
- Sutton Apartments Corp. v. Bradhurst 100 Development LLCAppellate Division of the Supreme Court of the State of New York · 2013
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