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PAINE v. SOLINGER

87 A.D.2d 607 (1982)

Lloyd Paine, Respondent, v. Walter B. Solinger et al., Appellants. (And a Third-Party Action.)

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

March 15, 1982

Order affirmed insofar as appealed from, with $50 costs and disbursements.

There are triable issues of fact with respect to whether the alleged misrepresentations by the third-party defendant Coughlin were a material inducement to plaintiff's execution of the contract (see Dress Shirt Sales v Hotel Martinique Assoc., 12 N.Y.2d 339, 343; 24 NY Jur, Fraud and Deceit, § 163, at p 231...

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