COUNTY DOLLAR CORP. v. FARKAS


29 A.D.2d 777 (1968)

County Dollar Corporation, Respondent, v. George Farkas, Appellant, et al., Defendants

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

February 26, 1968


No questions of fact were considered. In our opinion, the complaint, predicated on the alleged fraud of defendants other than appellant, does not state a sufficient cause of action for the equitable coercive relief requested. Nor are the facts presented in the opposing affidavits persuasive of any conclusion of actionable fraud. Such triable factual issues as may appear are not relevant to this determination of insufficiency and, to the extent that they are relevant on the...

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