RICCI v. BAADER


5 A.D.2d 892 (1958)

Donato Ricci et al., Appellants, v. Hans Baader et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 31, 1958


Judgment unanimously affirmed, with costs. Both the first and second causes of action were properly dismissed.

With respect to the second cause of action, while the learned Official Referee assigned no specific reason for the dismissal, it is clear from the record that the evidence adduced was insufficient to establish fraud. There was an absence of proof (a) showing any intent by respondents Baader and Karp to defraud appellants, and (b) showing any reliance by appellants...

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