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HERZ v. THORNWOOD ACRES "D"

91 Misc.2d 130 (1977)

Jack L. Herz et al., Respondents, v. Thornwood Acres "D", Inc., et al., Appellants and Third-Party Plaintiffs-Appellants; Harold F. Campbell, Jr., Third-Party Defendant-Respondent.

Supreme Court, Appellate Term, Second Department.

April 12, 1977

Attorney(s) appearing for the Case

Baines & Lebewohl for appellants. Dittelman, Kirwin & Dittelman (Lawrence Dittelman of counsel), for respondents. Stuart R. Shamberg for third-party defendant-respondent.

Concur: FARLEY, P. J., GLICKMAN and GAGLIARDI, JJ.

MEMORANDUM.

Appeal from order dismissed.

Judgment (see 86 Misc.2d 53) affirmed, with $25 costs.

In our opinion, the record amply supports the lower court's determination that defendants knowingly made fraudulent representations of fact upon which plaintiffs reasonably relied to their detriment. (See State St. Trust Co. v Ernst, 278 N.Y. 104; Ultramares Corp. v Touche, 255 N.Y. 170; Wechsler v...

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