Kurz v. Nicolo
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Order unanimously affirmed, with costs. Memorandum: The court properly granted defendant’s motion for summary judgment dismissing the complaint in this action to recover damages for fraud. The complaint alleges that when the parties entered into a contract for the purchase by plaintiff of land owned by defendant, defendant misrepresented the boundary of the land and concealed from plaintiff the fact that a portion of the land had been appropriated by the State for widening of the adjacent highway. In support of the motion for summary judgment, defendant submitted proof in evidentiary form…
2Cases cited4 opinions
- Danann Realty Corp. v. HarrisNew York Court of Appeals · 1959
- Rudman v. Cowles Communications, Inc.New York Court of Appeals · 1972
- Cave v. GreenAppellate Division of the Supreme Court of the State of New York · 1953
- Cave v. GreenNew York Court of Appeals · 1955
3Cited by6 opinions
- Heineman v. S & S MACHINERY CORP.District Court, E.D. New York · 1990
- Mosca v. KinerAppellate Division of the Supreme Court of the State of New York · 2000
- Bennett v. Citicorp Mortgage, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Harris v. Wilmorite Corp.Appellate Division of the Supreme Court of the State of New York · 1999
- Parkway Woods, Inc. v. Petco Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
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