CARLTON HOUSE, INC. v. GOUBAUD DE PARIS FIFTH AVE., LTD.


57 A.D.2d 819 (1977)

Carlton House, Inc., Respondent, v. Goubaud De Paris Fifth Avenue, Ltd., Defendant, and Goubaud De Paris, Inc., et al., Appellants

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

May 26, 1977


Appellants shall recover of respondent $60 costs and disbursements of this appeal.

The complaint fails to allege any viable claim against the defendants-appellants. Requisite elements of fraud have not been alleged and the purported oral representations relied upon by plaintiff are clearly insufficient, in view of the merger clause contained in paragraph "20" of the lease agreement in suit. Plaintiff's reliance on paragraph "45" thereof is totally misplaced. That...

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