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LUKOWSKY v. SHALIT

166 A.D.2d 221 (1990)

Rebecca Lukowsky, Respondent, v. Gene Shalit et al., Respondents, and Paul Bogoni et al., Appellants

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

October 9, 1990

Plaintiff's fraud claim is sufficiently stated, and may be established, on the basis of the 1978-1981 lease and defendant Bogoni's alleged misrepresentations in connection with the 1980 "sublease", independent of any rights which plaintiff may have acquired under the alleged 1979-1982 lease. We therefore need not now determine said defendant's contentions attacking the 1979-1982 lease as unenforceable on grounds of illegal consideration...

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