LO PRESTI v. GROSS


65 A.D.2d 937 (1978)

Nicholas J. Lo Presti, Doing Business as Lo Presti Basement Waterproofing Co., Respondent, v. Sally Gross et al., Appellants

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

November 3, 1978


Order unanimously affirmed, with costs.

Memorandum:

On this appeal defendant's principal contention is that certain rulings of the court prevented her from establishing the element of reliance asserted in her affirmative defense that she was fraudulently induced to contract with plaintiff for basement waterproofing. Inasmuch as the record contains ample testimony by defendant concerning her reliance upon alleged statements of plaintiff, the error, if any,...

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