NORTHUP v. KURAKIN


21 Misc.2d 264 (1959)

Dan H. Northup, Respondent, v. Eugene D. Kurakin, Defendant, and H. Somer, Inc., Appellant.

Supreme Court, Appellate Term, First Department.

November 5, 1959.


Attorney(s) appearing for the Case

Hyman Goldstein for appellant.

Gene Ann Condon for respondent.

Concur — HOFSTADTER, J. P., AURELIO and TILZER, JJ.


Per Curiam.

Unless the corporate defendant was under a duty to speak, it is not liable in fraud for failure to inform the plaintiff of the actual or imminent insolvency of the individual defendant [lessee of the entire building]. Inasmuch as it is not alleged that the plaintiff and the corporate defendant had any dealings or other direct contact, the silence of the corporate defendant in the circumstances did not constitute fraud. No cause of action for fraud...

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