SEABOARD FIN. v. COSTANZO


34 Misc.2d 54 (1962)

Seaboard Finance Company, Inc., Plaintiff, v. Gaetano J. Costanzo, Defendant.

District Court, Second District, Nassau County.

May 2, 1962


Attorney(s) appearing for the Case

M. P. Kletzky for plaintiff. Harold P. Perkal for defendant.


FRANCIS J. DONOVAN, J.

This is an action in fraud and deceit to recover damages alleged to have been sustained by the plaintiff in making a loan to the defendant in reliance upon a false financial statement.

The gravamen of the complaint is that certain debts of the defendant were omitted from a financial statement signed by him and that the loan was made in reliance on the truth of the financial statement.

The defendant rested on plaintiff...

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