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DIODATO v. EASTCHESTER DEV. CORP.

111 A.D.2d 303 (1985)

Frank Diodato et al., Respondents, v. Eastchester Development Corporation et al., Appellants

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

May 20, 1985

Order affirmed, insofar as appealed from, with costs.

The plaintiffs' allegations that defendants falsely promised to equip their new residence with an elevator at no extra charge, and that this misrepresentation was designed to and did in fact induce plaintiffs to sign a contract of sale, were sufficient to state a cause of action to recover damages for fraud in the inducement. We reject defendant's contention that the...

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