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BENEDICT v. SEASILLE EQUITIES CORP.

190 A.D.2d 649 (1993)

George Benedict et al., Appellants, v. Seasille Equities Corporation et al., Respondents

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

February 1, 1993

Ordered that the judgment is affirmed, with costs.

We reject the plaintiffs' contention that the affirmative defense of fraud was not properly pleaded by the defendants. "It is almost impossible to state in detail the circumstances constituting a fraud where those circumstances are peculiarly within the knowledge of the party against whom the defense is being asserted" (Jered Contr. Corp. v New York City Tr. Auth., 22 N.Y.2d 187...

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