Lee v. Matarrese
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*540In an action to recover damages for breach of contract and fraud, the defendants appeal from so much of an order of the Supreme Court, Richmond County (Solomon, J.), dated May 2, 2004, as denied that branch of their motion which was to dismiss the second cause of action to recover damages for fraud.
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion which was to dismiss the second cause of action to recover damages for fraud is granted.
Although the defendants did not move to dismiss the plaintiffs’ fraud claim upon the ground that…
2Cases cited9 opinions
- Katz v. KatzAppellate Division of the Supreme Court of the State of New York · 1979
- Americana Petroleum Corp. v. Northville Industries Corp.Appellate Division of the Supreme Court of the State of New York · 1994
- Alamo Contract Builders, Inc. v. CTF Hotel Co.Appellate Division of the Supreme Court of the State of New York · 1997
- Hoydal v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1989
- Weitz v. SmithAppellate Division of the Supreme Court of the State of New York · 1996
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