PRINCE v. GURVITZ


45 N.Y.2d 901 (1978)

Jack Prince, Respondent-Appellant, v. David Gurvitz et al., Appellants-Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided October 26, 1978.


Attorney(s) appearing for the Case

Leonard Weber and John Venditto for respondent-appellant.

Maurice A. Reichman for appellants-respondents.

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


MEMORANDUM.

The order appealed from should be affirmed, without costs. Turning first to defendants' appeal, we agree with the courts below that plaintiff's participation in the original scheme by defendant Gurvitz to obtain the automobile franchise by misrepresenting Gurvitz' interest in the plan does not preclude recovery in this action which essentially seeks to recover for the subsequent loss of plaintiff's interest in...

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