Legal Opinion

Auchincloss v. Allen

Appellate Division of the Supreme Court of the State of New York

Decided January 5, 1995PublishedCited by 11 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Ira Gammerman, J.), entered June 24, 1993, which granted plaintiffs’ motion for partial summary judgment on the complaint, and judgment entered thereon, same court and Justice, entered July 12, 1993, in the amount of $57,071.25, unanimously affirmed, without costs.

Defendant failed to allege any material misrepresentation of existing fact which would support a claim of fraud (see, Lane v McCallion, 166 AD2d 688, 690). The existence of other litigation challenging this zoning ordinance (One Beekman Place v City of New York, 169 AD2d 492) was a matter of…

2Cases cited3 opinions

  1. Lane v. McCallionAppellate Division of the Supreme Court of the State of New York · 1990
  2. 88 Blue Corp. v. Reiss Plaza AssociatesAppellate Division of the Supreme Court of the State of New York · 1992
  3. One Beekman Place, Inc. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by11 opinions

  1. Omansky v. WhitacreAppellate Division of the Supreme Court of the State of New York · 2008
  2. National Union Fire Insurance v. Red Apple Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
  3. Barrett v. FreifeldAppellate Division of the Supreme Court of the State of New York · 2010
  4. F.A.S.A. Construction Corp. v. DegensheinAppellate Division of the Supreme Court of the State of New York · 2008
  5. Albion Alliance Mezzanine Fund, L.P. v. State Street Bank & Trust Co.New York Supreme Court · 2003

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