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SHEEPSHEAD CYCLE SHOP, INC. v. CUEVAS BICYCLES, LTD.

62 A.D.2d 1052 (1978)

Sheepshead Cycle Shop, Inc., Respondent, v. Cuevas Bicycles, Ltd., et al., Defendants, and Angelo Finocchiaro, Appellant

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

April 24, 1978

Order affirmed, with $50 costs and disbursements.

Plaintiff-respondent's allegations are sufficient to constitute a cause of action to recover damages for fraud and to apprise appellant of what is to be established at the trial. The five elements that constitute a cause of action for fraud are pleaded (see Ochs v Woods, 221 N.Y. 335, 338; accord Channel Master Corp. v Aluminum Ltd. Sales, 4 N.Y.2d 403) and they are...

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