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McMAHON v. TRUESDELL

123 A.D.2d 378 (1986)

Grace McMahon, Appellant, v. Glenn R. Truesdell et al., Respondents

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

September 22, 1986

Order affirmed, without costs or disbursements.

Our examination of the evidence adduced at trial shows that the defendants' motion at the close of the case was properly granted. There was insufficient evidence to sustain a finding of constructive fraud (cf. Matter of Gordon v Bialystoker Center & Bikur Cholim, 45 N.Y.2d 692, 698-699; Allen v La Vaud, 213 N.Y. 322; Doheny v Lacy, 168 N.Y. 213). We...

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