Appellate Division of the Supreme Court of New York, 2003

Wagner Trading Co. v. Tony Walker Retail Management Co.

Wagner Trading Co. v. Tony Walker Retail Management Co.
Appellate Division of the Supreme Court of New York · Decided July 3, 2003
307 A.D.2d 700; 762 N.Y.S.2d 863; 2003 N.Y. App. Div. LEXIS 7859
Wagner Trading Co. v. Tony Walker Retail Management Co.

Opinion of the Court

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

*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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.