MacBeth v. New York Racing Ass'n

Appellate Division of the Supreme Court of New York

MacBeth v. New York Racing Ass'n

141 A.D.2d 805, 529 N.Y.S.2d 1018, 1988 N.Y. App. Div. LEXIS 7111

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

DecidedJune 27, 1988

StatusPublished

Cited by1 cases

This text of 141 A.D.2d 805 (MacBeth v. New York Racing Ass'n) 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

MacBeth v. New York Racing Ass'n, 141 A.D.2d 805, 529 N.Y.S.2d 1018, 1988 N.Y. App. Div. LEXIS 7111 (N.Y. Ct. App. 1988).

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Opinion

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Su[806]*806preme Court, Queens County (LeVine, J.), dated March 10, 1987, which granted the respondent’s motion to dismiss the complaint as against it pursuant to CPLR 3211 (a) (7).

Ordered that the order is affirmed, with costs.

The plaintiffs’ causes of action to recover damages for fraud, as they relate to the respondent, were properly dismissed. The allegations in the complaint which state that the codefendants concealed information from a veterinarian of the respondent and that this veterinarian failed to conduct a proper examination, fail to set forth the necessary elements of a fraud cause of action against the respondent (see, Reno v Bull, 226 NY 546; Williams v Upjohn Health Care Servs., 119 AD2d 817).

The plaintiffs’ remaining contentions are without merit (see, Arellano v New York Racing Assn., 139 AD2d 685). Mollen, P. J., Lawrence, Weinstein and Balletta, JJ., concur.

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In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Su[806]*806preme Court, Queens County (LeVine, J.), dated March 10, 1987, which granted the respondent’s motion to dismiss the complaint as against it pursuant to CPLR 3211 (a) (7).

Ordered that the order is affirmed, with costs.

The plaintiffs’ causes of action to recover damages for fraud, as they relate to the respondent, were properly dismissed. The allegations in the complaint which state that the codefendants concealed information from a veterinarian of the respondent and that this veterinarian failed to conduct a proper examination, fail to set forth the necessary elements of a fraud cause of action against the respondent (see, Reno v Bull, 226 NY 546; Williams v Upjohn Health Care Servs., 119 AD2d 817).

The plaintiffs’ remaining contentions are without merit (see, Arellano v New York Racing Assn., 139 AD2d 685). Mollen, P. J., Lawrence, Weinstein and Balletta, JJ., concur.

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Bluebook (online)

141 A.D.2d 805, 529 N.Y.S.2d 1018, 1988 N.Y. App. Div. LEXIS 7111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/macbeth-v-new-york-racing-assn-nyappdiv-1988.

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