Mannaberg v. Klausner

Appellate Division of the Supreme Court of New York

Mannaberg v. Klausner

269 A.D. 682, 53 N.Y.S.2d 703

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

DecidedMarch 9, 1945

StatusPublished

Cited by1 cases

This text of 269 A.D. 682 (Mannaberg v. Klausner) 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

Mannaberg v. Klausner, 269 A.D. 682, 53 N.Y.S.2d 703 (N.Y. Ct. App. 1945).

Pincite

Opinion

Per Curiam.

The complaint contains allegations sufficient to sustain a cause of action for fraud in that by false representations the plaintiff was induced to consent to the sale of an asset of the partnership. To such a cause of action the six-year Statute of Limitations would apply only from the date of the discovery of the fraud (Civ. Prac. Act, § 48, subd. 5) even when the fraud is practiced by a partnef upon another member of the partnership. The decision in Brick v. Cohn-Hall-Marx Co. (276 N. Y. 259) does not hold to the contrary.

The order and the judgment should be reversed, with costs, and the motion denied.

Martin, P. J., Townley, Untermyer, Cohn and Callahan, JJ., concur.

Judgment and order unanimously reversed, with costs, and motion denied. [See post, p. 691.]

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

The complaint contains allegations sufficient to sustain a cause of action for fraud in that by false representations the plaintiff was induced to consent to the sale of an asset of the partnership. To such a cause of action the six-year Statute of Limitations would apply only from the date of the discovery of the fraud (Civ. Prac. Act, § 48, subd. 5) even when the fraud is practiced by a partnef upon another member of the partnership. The decision in Brick v. Cohn-Hall-Marx Co. (276 N. Y. 259) does not hold to the contrary.

The order and the judgment should be reversed, with costs, and the motion denied.

Martin, P. J., Townley, Untermyer, Cohn and Callahan, JJ., concur.

Judgment and order unanimously reversed, with costs, and motion denied. [See post, p. 691.]

Cite This Page — Counsel Stack

Bluebook (online)

269 A.D. 682, 53 N.Y.S.2d 703, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mannaberg-v-klausner-nyappdiv-1945.

Opinion

Related

Cite This Page — Counsel Stack