Breakwaters Townhomes Ass'n of Buffalo, Inc. v. Breakwaters of Buffalo, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court should have granted defendant Albert V. Randaccio summary judgment dismissing the fourth cause of action, except to the *964extent that it seeks recovery for common-law fraud, inasmuch as plaintiffs essentially seek recovery based on violations of the Martin Act (General Business Law art 23-A). It is well established that there is no implied private cause of action for violation of the antifraud provisions of that statute (see, CPC Intl. v McKesson Corp., 70…
2Cases cited7 opinions
- CPC International Inc. v. McKessonNew York Court of Appeals · 1987
- Vermeer Owners, Inc. v. GutermanNew York Court of Appeals · 1991
- Rego Park Gardens Owners, Inc. v. Rego Park Gardens AssociatesAppellate Division of the Supreme Court of the State of New York · 1993
- Prudential-Bache Metal Co. v. BinderAppellate Division of the Supreme Court of the State of New York · 1986
- Board of Managers v. Fairways at North HillsAppellate Division of the Supreme Court of the State of New York · 1989
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Assured Guaranty (UK) Ltd. v. J.P. Morgan Investment Management Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Scalp & Blade, Inc. v. Advest, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Anwar v. Fairfield Greenwich Ltd.District Court, S.D. New York · 2010
- Independent Order of Foresters v. Donaldson, Lufkin & Jenrette Inc.District Court, S.D. New York · 1996
- B.S.L. One Owners Corp. v. Key International Manufacturing, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
3 more not listed; retrieve them via the Exa API.