PELLERITO v. RUSSO


176 A.D.2d 713 (1991)

Giuseppe Pellerito, Also Known as Joseph Pellerito, Appellant, v. Rocco Russo, Respondent

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

October 7, 1991


Ordered that the order is affirmed, with costs.

The defendant set forth sufficient allegations in his affidavit in opposition to the plaintiff's motion for summary judgment in lieu of complaint to raise an issue of fact as to whether he was fraudulently induced to execute the promissory notes in question (see, Epstein v Scally, 99 A.D.2d 713). Such allegations may be asserted despite the presence of a general merger...

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