MOSER v. SPIZZIRRO


31 A.D.2d 537 (1968)

Edgar E. Moser et al., Respondents, v. Louis Spizzirro et al., Appellants

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

November 4, 1968


As so modified, judgment affirmed, without costs. In our opinion, the second cause of action, for fraudulent concealment, should have been dismissed for failure of proof.

The mere silence of defendants, unaccompanied by some act or conduct which deceived plaintiffs, was not an actionable fraud in the absence of any confidential or fiduciary relationship (Perin v. Mardine Realty Co., 5 A.D.2d 685, affd. 6...

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