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NEW YORK FRUIT AUCTION CORP. v. CITY OF NEW YORK

56 N.Y.2d 1015 (1982)

New York Fruit Auction Corporation, Appellant, v. City of New York, Respondent.

Court of Appeals of the State of New York.

Decided June 23, 1982.

Attorney(s) appearing for the Case

Kim J. Landsman, Barrington D. Parker, Jr., and Anthony M. Radice for appellant.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Judah Dick and Leonard Koerner of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff's allegations of fraudulent misrepresentations are fatally inadequate, among other reasons, because the alleged representations, "more precatory than promissory", at best were only unenforceable misrepresentations of future intent (cf. Woodmere Academy v Steinberg, ...

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