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LILLING v. SLAUENWHITE

143 A.D.2d 645 (1988)

Bruce E. Lilling et al., Appellants, v. David Slauenwhite et al., Defendants, and Bixler Real Estate Corporation, Respondent

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

October 3, 1988

Ordered that the order is affirmed insofar as appealed from, with costs.

The first cause of action asserted in the complaint at bar alleged that Bixler and other defendants had committed a fraud against the plaintiffs. However, the plaintiffs failed to allege in the complaint or to prove in the evidentiary material submitted in support thereof that at the time Bixler made the alleged misrepresentations concerning the ownership...

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