Legal Opinion

LaBrake v. Enzien

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

Decided November 21, 1990PublishedCited by 21 opinions

1Opinion of the CourtMikoll, J.

Appeal from that part of an order of the Supreme Court (Travers, J.), entered August 17, 1989 in Rensselaer County, which, inter alia, granted plaintiff’s cross motion to direct defendant to serve an answer and permitted plaintiff to litigate the issue of equitable estoppel at trial.

The questions presented on this appeal are whether Supreme Court erred in holding that (1) plaintiff stated an action for fraud in his second cause of action, separate and distinct from the action for malpractice alleged in his first cause of action, (2) the fraud was stated with sufficient detail to comply with…

2Cases cited4 opinions

  1. Harkin v. CulletonAppellate Division of the Supreme Court of the State of New York · 1990
  2. De Vore v. OsborneAppellate Division of the Supreme Court of the State of New York · 1980
  3. Von Thaden v. S.J. Groves & Sons Co.Appellate Division of the Supreme Court of the State of New York · 1983
  4. Carp v. MarcusAppellate Division of the Supreme Court of the State of New York · 1985

3Cited by21 opinions

  1. Zarin v. Reid & PriestAppellate Division of the Supreme Court of the State of New York · 1992
  2. Spinosa v. WeinsteinAppellate Division of the Supreme Court of the State of New York · 1991
  3. Coopersmith v. GoldAppellate Division of the Supreme Court of the State of New York · 1991
  4. Mitschele v. SchultzAppellate Division of the Supreme Court of the State of New York · 2006
  5. Zimmerman v. Poly Prep Country Day SchoolDistrict Court, E.D. New York · 2012

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