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BARCLAY ARMS, INC. v. BARCLAY ARMS ASSOCS.

144 A.D.2d 287 (1988)

Barclay Arms, Inc., Appellant-Respondent, v. Barclay Arms Associates et al., Respondents-Appellants

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

November 17, 1988

Regardless of whether or not the Supreme Court properly converted defendants' motion for dismissal of the complaint pursuant to CPLR 3211 to a motion for summary judgment under CPLR 3212, the fact remains that the complaint herein fails as a matter of law to state a claim for fraud. In that connection, the complaint alleges that on or about October 23, 1980, plaintiff entered into an agreement to transfer to Robert E. Waldron Associates, Inc. an interest in certain real property...

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