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MARKS v. DIESENHOUSE

146 A.D.2d 752 (1989)

Gerald R. Marks, Individually and on Behalf of S. D. Developers, Inc., Appellant, v. Samuel S. Diesenhouse, Also Known as Sy Diesenhouse, Also Known as Sy Diesen, et al., Defendants, and Victus Ltd. et al., Respondents

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

January 30, 1989

Ordered that the order is affirmed, with costs.

We agree that the plaintiffs have failed to state any cause of action against the defendants Victus Ltd., The Union Savings Bank and Hampton Vistas Associates. In light of the fact that the plaintiffs have never offered any facts in support of their claim that those defendants "entered into a conspiracy and scheme to defraud" them, the failure to grant the plaintiffs leave...

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