Legal Opinion
Weir Metro Ambu-Service, Inc. v. Turner
New York Court of Appeals
Decided October 19, 1982PublishedCited by 5 opinions
1Opinion of the Court
opinion of the court
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
Plaintiff’s first cause of action failed to allege either the elements of scienter or deceit, each essential to a cause of action for fraud (24 NY Jur, Fraud and Deceit, § 140). Insufficient too, is the plaintiff’s second cause of action since the oral agreement on which it was based contravened the requirement that a contract to perform services for a medical facility which has been issued an operating certificate or certificate of approval be in writing (10 NYCRR 400.4 [a] [1]; see Tooker v…
2Cases cited3 opinions
- Tooker v. Inter-County Title Guaranty & Mortgage Co.New York Court of Appeals · 1946
- Trans-State Hay & Feed Corp. v. Faberge, Inc.Appellate Division of the Supreme Court of the State of New York · 1973
- Trans-State Hay & Feed Corp. v. Faberge, Inc.New York Court of Appeals · 1974
3Cited by5 opinions
- Unker v. Joseph Markovits, Inc.District Court, S.D. New York · 1986
- Stylianou v. St. Luke's/Roosevelt Hospital CenterDistrict Court, S.D. New York · 1995
- O'Hearn v. Spence-Chapin Services to Families & Children, Inc.District Court, S.D. New York · 1996
- Stuart v. Danka Corp.District Court, E.D. New York · 1997
- WEIR METRO AMBU-SERV., INC. v. TurnerNew York Court of Appeals · 1982