MULLANY v. MICHAELS


187 A.D.2d 405 (1992)

David Mullany, Respondent, v. Dick Michaels, Also Known as Richard Ippoliti, Appellant, et al., Defendant

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

November 24, 1992


Defendant-appellant's contention that he was defrauded by plaintiff's failure to disclose certain liabilities of the business plaintiff sold to him is not borne out by the record, which shows that defendant had been responsible for and knowledgeable of the financial affairs of the business since its inception. Indeed, the purchase agreement recited that defendant buyer had been primarily responsible for the fiscal management of the business, had "complete access to its books...

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