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  5. 57 N.Y.2d 1038 (1982)
 

TRIBUNE PRINTING CO., INC. v. 263 NINTH AVE. REALTY, INC.

57 N.Y.2d 1038 (1982)

Tribune Printing Co., Inc., Appellant, v. 263 Ninth Avenue Realty, Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided November 11, 1982.

Attorney(s) appearing for the Case

William A. Zutt for appellant.

Harry Shapiro for respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur; Judge MEYER taking no part.

MEMORANDUM.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division, except that, contrary to the statement in said memorandum, a representation which is promissory in nature may constitute a misrepresentation of an existing fact. (Adams v Gillig, 199 N.Y. 314.) The...

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