Wagner Trading Co. v. Tony Walker Retail Management Co.
This text of 307 A.D.2d 700 (Wagner Trading Co. v. Tony Walker Retail Management Co.) 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.
Opinion
Appeal and cross appeal from an order of Supreme Court, Erie County (Fahey, J.), entered June 26, 2002, which, inter alia, dismissed the third cause of action for fraud.
It is hereby ordered that said appeal and that part of the cross appeal concerning attorneys’ fees be and the same hereby
[701]*701are unanimously dismissed (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988 [1988]; Chase Manhattan Bank v Roberts & Roberts, 63 AD2d 566, 567 [1978]; see also CPLR 5501 [a] [1]) and the order insofar as it dismissed the third cause of action is affirmed without costs.
Same memorandum as in Wagner Trading Co. v Walker Retail Mgt. Co. (307 AD2d 701 [2003]). Present — Pine, J.P., Hurl-butt, Gorski, Lawton and Hayes, JJ.
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307 A.D.2d 700, 762 N.Y.S.2d 863, 2003 N.Y. App. Div. LEXIS 7859, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wagner-trading-co-v-tony-walker-retail-management-co-nyappdiv-2003.