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SENERCHIA REALTY CORP. v. YONKERS CMTY. DEV. AGENCY

80 A.D.2d 889 (1981)

Senerchia Realty Corporation, Respondent, v. Yonkers Community Development Agency et al., Appellants

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

March 23, 1981

Order modified, on the law, by deleting the provision which denied the motion to dismiss as to the second cause of action and substituting a provision granting the motion as to said cause of action. As so modified, order affirmed insofar as appealed from, without costs or disbursements.

In the second cause of action, which is based on fraud, plaintiff failed to allege either a present intent to defraud on the part of defendants...

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