Hoffman v. Playmates of Miami, Inc.

Appellate Division of the Supreme Court of New York

Hoffman v. Playmates of Miami, Inc.

22 A.D.2d 674, 253 N.Y.S.2d 307, 1964 N.Y. App. Div. LEXIS 2960

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

DecidedOctober 27, 1964

StatusPublished

Cited by1 cases

This text of 22 A.D.2d 674 (Hoffman v. Playmates of Miami, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hoffman v. Playmates of Miami, Inc., 22 A.D.2d 674, 253 N.Y.S.2d 307, 1964 N.Y. App. Div. LEXIS 2960 (N.Y. Ct. App. 1964).

Pincite

Opinion

Order, entered May 28,1964, denying defendants’ motion pursuant to CPLR 3211 (subd. [a], par. 7) to dismiss the second cause of action in the complaint on the ground that it fails to state a cause of action, unanimously reversed, on the law, with $30 costs and disbursements to defendants-appellants against plaintiff-respondent, and the motion granted, with $10 costs. Neither the allegations of the complaint nor the supporting affidavit submitted pursuant to CPLR 3211 (subd. [e]) establish that the alleged representation of expectation with respect to a future event was then known to be false. The falsity is inferred solely from the failure of the event to occur. This is not enough. (See 24 N. Y. Jur., Fraud and Deceit, §§ 50-57, but especially § 57.) Concur — Botein, P. J., Breitel, Rabin, Eager and Steuer, JJ.

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Order, entered May 28,1964, denying defendants’ motion pursuant to CPLR 3211 (subd. [a], par. 7) to dismiss the second cause of action in the complaint on the ground that it fails to state a cause of action, unanimously reversed, on the law, with $30 costs and disbursements to defendants-appellants against plaintiff-respondent, and the motion granted, with $10 costs. Neither the allegations of the complaint nor the supporting affidavit submitted pursuant to CPLR 3211 (subd. [e]) establish that the alleged representation of expectation with respect to a future event was then known to be false. The falsity is inferred solely from the failure of the event to occur. This is not enough. (See 24 N. Y. Jur., Fraud and Deceit, §§ 50-57, but especially § 57.) Concur — Botein, P. J., Breitel, Rabin, Eager and Steuer, JJ.

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Bluebook (online)

22 A.D.2d 674, 253 N.Y.S.2d 307, 1964 N.Y. App. Div. LEXIS 2960, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoffman-v-playmates-of-miami-inc-nyappdiv-1964.

Opinion

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