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EMORD v. EMORD

193 A.D.2d 775 (1993)

598 N.Y.S.2d 266

Lorie Emord, Respondent, v. Paul Emord, Defendant, and William J. Volkman, Jr., Appellant

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

May 24, 1993

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Upon our review of the pleadings, we find that a fair reading of the plaintiff's complaint sets forth a cause of action sounding in actual fraud against both defendants. Concealment, with intent to defraud, of facts which one is duty-bound to disclose is of the same legal effect and significance as affirmative misrepresentations...

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