Home/New York Court of Appeals/New York Fruit Auction Corp. v. City of New York

New York Fruit Auction Corp. v. City of New York

439 N.E.2d 356, 56 N.Y.2d 1015, 453 N.Y.S.2d 640, 1982 N.Y. LEXIS 3563
New York Court of Appeals·Decided June 23, 1982·Published·Cited by 16 cases

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff’s allegations of fraudulent misrepresentations are fatally inadequate, among other reasons, because the alleged representations, “more precatory than promissory”, at best were only unenforceable misrepresentations [1018] of future intent (cf. Woodmere Academy v Steinberg, 41 NY2d 746, 752). Moreover, none of the alleged representations are included in the lease approved, as required, by the New York City Charter (§ 704, subd [g]).

Finally, because the representations claimed permeated all the causes of action, including the otherwise conclusorily pleaded one based on unconscionability, the Appellate Division properly dismissed all four pursuant to CPLR 3211 (subd [a], par 7).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed, with costs, in a memorandum.

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New York Fruit Auction Corp. v. City of New York, 439 N.E.2d 356, 56 N.Y.2d 1015, 453 N.Y.S.2d 640, 1982 N.Y. LEXIS 3563 (N.Y. 1982).

439 N.E.2d 356 (New York Fruit Auction Corp. v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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