J & H Stolow, Inc. v. Becker

225 A.D.2d 369, 639 N.Y.2d 25, 639 N.Y.S.2d 25, 1996 N.Y. App. Div. LEXIS 2215

Opinion

Plaintiffs’ attempt to hold their creditor’s attorneys liable for fraud for having sent them demand letters and then commencing an action on the creditor’s behalf to recover a loan that plaintiffs allege had been extended and was not in default, was properly rejected for failure to raise a bona fide issue (see, Assing v United Rubber Supply Co., 126 AD2d 590) of justifiable reliance (see, Wilsen Assocs. Real Estate Corp. v Pizilly, 204 AD2d 777, 778, citing, inter alia, Channel Master Corp. v Aluminium Ltd. Sales, 4 NY2d 403, 407). Concur — Ross, J. P., Nardelli, Williams and Mazzarelli, JJ.