National Union Fire Insurance v. Red Apple Group, Inc.

Order, Supreme Court, New York County (Barry Cozier, J.), entered on or about October 25, 1999, which, in an action arising out of plaintiff insurer’s issuance of retroactive property insurance covering a building leased by defendants, insofar as appealed from, granted defendants’ motion to dismiss plaintiff’s third and fourth causes of action for fraud, unanimously affirmed, without costs.

Plaintiffs third cause of action, denominated “fraud in the *141inducement,” was properly dismissed on the ground that neither the complaint nor plaintiff’s submissions in opposition to the motion set forth the…