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MERCHS. NAT'L BANK & TRUST CO. OF SYRACUSE v. SYRACUSE EAGLES HOCKEY CLUB CORP.

58 A.D.2d 1004 (1977)

Merchants National Bank & Trust Company of Syracuse, Respondent, v. Syracuse Eagles Hockey Club Corp., Defendant, and Domenic Urciuoli et al., Appellants. (Appeal No. 1.)

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

July 12, 1977

Order and judgment unanimously affirmed, with costs, on the opinion at Special Term, Hancock, J., and the following memorandum:

We affirm Special Term but note that appellants' fraud in the inducement defense must be rejected as a matter of law because they have failed to allege justifiable reliance on the bank's alleged misrepresentation. The improbability of reliance upon the claimed misrepresentation is insufficient standing alone to provide a basis to grant plaintiff...

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