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INT'L PLAYTEX, INC. v. CIS LEASING CORP.

112 A.D.2d 719 (1985)

International Playtex, Inc., Respondent, v. Cis Leasing Corp. et al., Appellants and Counterclaim Plaintiffs-Appellants. International Playtex, Inc., et al., Counterclaim Defendants-Respondents

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

July 12, 1985

Order unanimously affirmed, with costs.

Memorandum:

Special Term properly dismissed the counterclaim interposed by defendants CIS Leasing Corp. and CIS Equipment Leasing Corp. (CIS) against International Playtex, Inc. (Playtex) and The First National Bank of Chicago (Bank). The counterclaim fails to state a cause of action for fraud and deceit because CIS has not alleged that Playtex, in concert with the Bank, made any misrepresentation of a material fact...

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