BREAKWATERS TOWNHOMES ASS'N OF BUFFALO, INC. v. BREAKWATERS OF BUFFALO, INC.


207 A.D.2d 963 (1994)

616 N.Y.S.2d 829

Breakwaters Townhomes Association of Buffalo, Inc., et al., Respondents-Appellants, v. Breakwaters of Buffalo, Inc., et al., Defendants, and Albert V. Randaccio, Appellant-Respondent

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

September 30, 1994


Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court should have granted defendant Albert V. Randaccio summary judgment dismissing the fourth cause of action, except to the extent that it seeks recovery for common-law fraud, inasmuch as plaintiffs essentially seek recovery based on violations of the Martin Act (General Business Law art 23-A). It is well established that there is no implied...

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