Aigen v. Dimin
Cases that cite this one
3 later published cases cite this decision.
- Zivian v. McNulty (Appellate Division of the Supreme Court of New York 1988)
- Freschi v. Grand Coal Venture (District Court, S.D. New York 1984)
- Castle & Cooke, Inc. v. Lincoln Merchandise Corp. (Appellate Division of the Supreme Court of New York 1984)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In an action to recover damages for fraud, defendant appeals from an order of the Supreme Court, Nassau County (Burke, J.), dated November 3, 1980, which denied his motion for summary judgment dismissing the complaint. Order modified, on the law, by adding thereto, after the provision denying the motion, the following: “as to the second cause of action but the motion is granted as to the first cause of action.” As so modified, order affirmed, without costs or disbursements. It is apparent from plaintiffs’ answers to defendant’s interrogatories that the claim of damages in the first cause of action is based solely upon unrealized profits. The law is well settled that one cannot obtain unrealized profits in an action for fraud (Reno v Bull, 226 NY 546; Oxenfeldt v Yonofsky, 276 App Div 374; Ungewitter v Toch, 31 AD2d 583). Titone, J. P., Mangano, Weinstein and O’Connor, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.