Legal Opinion
Merin v. Precinct Developers LLC
Appellate Division of the Supreme Court of the State of New York
Decided June 29, 2010PublishedCited by 3 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Marilyn Shafer, J.), entered August 19, 2009, which, to the extent appealed from, granted the motion of defendant attorney Allen and his law firm to dismiss the complaint against them, unanimously affirmed, with costs.
The cause of action for common-law fraud alleges material *689omissions, disclosure of which is mandated by the Martin Act (General Business Law art 23-A), but for which there is no private right of action (see Kerusa Co. LLC v W10Z/515 Real Estate Ltd. Partnership, 12 NY3d 236 [2009]). Defective conditions that—according to the complaint—were…
2Cases cited4 opinions
- Kerusa Co. v. W10Z/515 Real Estate Ltd.New York Court of Appeals · 2009
- Green Harbour Homeowners' Ass'n v. G.H. Development & Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- 511 West 232nd Owners Corp. v. Jennifer Realty Co.Appellate Division of the Supreme Court of the State of New York · 2001
- Paragon Leasing, Inc. v. MezeiAppellate Division of the Supreme Court of the State of New York · 2004
3Cited by3 opinions
- 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
- Von Ancken v. 7 E. 14 L.L.C.Appellate Division of the Supreme Court of the State of New York · 2018