Lo Presti v. Gross

Appellate Division of the Supreme Court of New York

Lo Presti v. Gross

65 A.D.2d 937, 410 N.Y.S.2d 433, 1978 N.Y. App. Div. LEXIS 13862

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

DecidedNovember 3, 1978

StatusPublished

This text of 65 A.D.2d 937 (Lo Presti v. Gross) 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

Lo Presti v. Gross, 65 A.D.2d 937, 410 N.Y.S.2d 433, 1978 N.Y. App. Div. LEXIS 13862 (N.Y. Ct. App. 1978).

Pincite

Opinion

—Order unanimously affirmed, with costs. Memorandum: On this appeal defendant’s principal contention is that certain rulings of the court prevented her from establishing the element of reliance asserted in her affirmative defense that she was fraudulently induced to contract with plaintiff for basement waterproofing. Inasmuch as the record contains ample testimony by defendant concerning her reliance upon alleged statements of plaintiff, the error, if any, was harmless. We have examined defendant’s remaining contentions and find them to be without merit. (Appeal from order of Onondaga County Court — breach of contract.) Present — Marsh, P. J., Moule, Simons, Schnepp and Witmer, JJ.

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—Order unanimously affirmed, with costs. Memorandum: On this appeal defendant’s principal contention is that certain rulings of the court prevented her from establishing the element of reliance asserted in her affirmative defense that she was fraudulently induced to contract with plaintiff for basement waterproofing. Inasmuch as the record contains ample testimony by defendant concerning her reliance upon alleged statements of plaintiff, the error, if any, was harmless. We have examined defendant’s remaining contentions and find them to be without merit. (Appeal from order of Onondaga County Court — breach of contract.) Present — Marsh, P. J., Moule, Simons, Schnepp and Witmer, JJ.

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Bluebook (online)

65 A.D.2d 937, 410 N.Y.S.2d 433, 1978 N.Y. App. Div. LEXIS 13862, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lo-presti-v-gross-nyappdiv-1978.