Delane Check Cashing Corp. v. Katz

Appellate Division of the Supreme Court of New York

Delane Check Cashing Corp. v. Katz

127 A.D.2d 735, 511 N.Y.S.2d 792, 1987 N.Y. App. Div. LEXIS 43221

Appellate Division of the Supreme Court of the State of New York·Decided February 17, 1987·Published·Cited by 2 cases

Opinion

In an action to recover damages for fraud, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Bambrick, J.), dated July 16, 1985, as denied that branch of his motion which was to dismiss the complaint for failure to state a cause of action.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The complaint states a legally sufficient cause of action to recover damages for fraud and, therefore, the defendant’s motion to dismiss (see, CPLR 3211 [a] [7]) was properly denied. The defendant’s assertion that the plaintiff’s reliance was unjustified might, if proven, constitute a defense, but it does not impair the sufficiency of the complaint. Mangano, J. P., Bracken, Niehoff and Fiber, JJ., concur.

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In an action to recover damages for fraud, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Bambrick, J.), dated July 16, 1985, as denied that branch of his motion which was to dismiss the complaint for failure to state a cause of action.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The complaint states a legally sufficient cause of action to recover damages for fraud and, therefore, the defendant’s motion to dismiss (see, CPLR 3211 [a] [7]) was properly denied. The defendant’s assertion that the plaintiff’s reliance was unjustified might, if proven, constitute a defense, but it does not impair the sufficiency of the complaint. Mangano, J. P., Bracken, Niehoff and Fiber, JJ., concur.

Delane Check Cashing Corp. v. Katz, 127 A.D.2d 735, 511 N.Y.S.2d 792, 1987 N.Y. App. Div. LEXIS 43221 (N.Y. Ct. App. 1987).

Pincite

127 A.D.2d 735 (Delane Check Cashing Corp. v. Katz) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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