Appellate Division of the Supreme Court of New York, 1952

Pennsylvania Publications, Inc. v. Senft

Pennsylvania Publications, Inc. v. Senft
Appellate Division of the Supreme Court of New York · Decided October 14, 1952
280 A.D. 918; 116 N.Y.S.2d 5; 1952 N.Y. App. Div. LEXIS 4187
Pennsylvania Publications, Inc. v. Senft

Opinion of the Court

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.

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