LANZI v. BROOKS


43 N.Y.2d 778 (1977)

Joseph Lanzi, Appellant, v. Arthur Brooks, Respondent.

Court of Appeals of the State of New York.

Decided December 15, 1977.


Attorney(s) appearing for the Case

William E. J. Connor and Francis Bergan for appellant.

Carroll J. Mealey and Robert H. Iseman for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


MEMORANDUM.

The order of the Appellate Division is affirmed, with costs, for the reasons stated in the memorandum decision of that court, with an additional observation. Plaintiff's complaint did not allege either a present intent not to carry out the promises of future action, or, in fact, any factual assertions from which this conclusion can be drawn, and thus failed to state a cause of action for fraud based on a misstatement...

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