Katz v. Friendly Frost Inc.
New York Supreme Court
1Opinion of the CourtLouis B. Heller, J.
In an action based upon an alleged ‘ ‘ negligent misrepresentation ’ ’ certain of the defendants, for convenience hereinafter referred to as ‘ ‘ Friendly Frost”, move to dismiss the complaint for insufficiency (Rules Civ. Prac., rule 106, subd. 4). Also affected by this motion are two other causes of action, one seeking exemplary damages and the other for money had and received.
The following material facts appear in the complaint. Friendly Frost operates a chain of appliance stores or outlets. Over a period of 24 days one Robert Gellis would purchase merchandise from one of the Friendly Frost…
2Cases cited18 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Ultramares Corp. v. ToucheNew York Court of Appeals · 1931
- Glanzer v. . ShepardNew York Court of Appeals · 1922
- International Products Co. v. Erie R.R. Co.New York Court of Appeals · 1927
- Roberts v. . ElyNew York Court of Appeals · 1889
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3Cited by1 opinion
- Leigh Co. v. Bank of New YorkDistrict Court, S.D. New York · 1985