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BRASS RAIL, INC. v. LAKEVILLE, INC.

122 A.D.2d 186 (1986)

Brass Rail, Inc., Appellant, v. Lakeville, Inc., Respondent

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

July 21, 1986

Order entered October 3, 1985, reversed insofar as appealed from, on the law, order entered March 21, 1985 vacated, and motion granted.

The plaintiff is awarded one bill of costs.

The fraud alleged by the defendant is unrelated to the transaction in connection with which the notes sued upon were given. Any guarantee allegedly given regarding the operability of the septic system could not be given by the plaintiff...

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