Pennsylvania Publications, Inc. v. Senft

280 A.D. 918, 116 N.Y.S.2d 5, 1952 N.Y. App. Div. LEXIS 4187

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: October 14, 1952
• Status: Published

Opinion

Orders unanimously affirmed, with $20 costs and disbursements to respondent. The cause of action alleged in the complaint is for common-law fraud, not breach of warranty made in the contract. To sustain it plaintiff will be required to prove all the ingredients of a fraud action. This is not an action upon any contract, or contractual in nature; thus section 218 of the General Corporation Law is not available as a defense. Present — Peek, P. J., Dore, Cohn, Van Voorhis and Breitel, JJ.