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MacBETH v. NEW YORK RACING ASS'N, INC.

141 A.D.2d 805 (1988)

Joanne MacBeth, Individually and as Administratrix of The Estate of Donald MacBeth, Deceased, et al., Appellants, v. New York Racing Association, Inc., Respondent, et al., Defendants

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

June 27, 1988

Ordered that the order is affirmed, with costs.

The plaintiffs' causes of action to recover damages for fraud, as they relate to the respondent, were properly dismissed. The allegations in the complaint which state that the codefendants concealed information from a veterinarian of the respondent and that this veterinarian failed to conduct a proper examination, fail to set forth the necessary elements of a fraud cause of...

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