Legal Opinion

Black v. Chittenden

New York Court of Appeals

Decided December 18, 1986PublishedCited by 44 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified to *668reinstate the first cause of action and to dismiss the Statute of Limitations defense and, as so modified, affirmed.

The allegations contained in the first cause of action,* as amplified by the supporting affidavits (see, Nassau Trust Co. v Montrose Concrete Prods. Corp., 56 NY2d 175, 182), state facts from which a jury may infer that "the defendant knowingly uttered a falsehood intending to deprive the plaintiff of a benefit and that the plaintiff was thereby deceived and damaged” and, therefore, states a…

2Cases cited13 opinions

  1. Channel Master Corp. v. Aluminium Limited Sales, Inc.New York Court of Appeals · 1958
  2. Nassau Trust Co. v. Montrose Concrete Products Corp.New York Court of Appeals · 1982
  3. Citibank, N. A. v. PlapingerNew York Court of Appeals · 1985
  4. Sabo v. DelmanNew York Court of Appeals · 1957
  5. Lanzi v. BrooksNew York Court of Appeals · 1977

8 more not listed; retrieve them via the Exa API.

3Cited by44 opinions

  1. Swersky v. Dreyer & TraubAppellate Division of the Supreme Court of the State of New York · 1996
  2. Jana L. v. West 129th Street Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2005
  3. Cohen v. Houseconnect Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2001
  4. Knepka v. TallmanAppellate Division of the Supreme Court of the State of New York · 2000
  5. Joel v. WeberAppellate Division of the Supreme Court of the State of New York · 1991

39 more not listed; retrieve them via the Exa API.

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