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BANNER INDUS., INC. v. SCHWARTZ

204 A.D.2d 190 (1994)

612 N.Y.S.2d 861

Banner Industries, Inc., Appellant, v. Bernard L. Schwartz et al., Respondents

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

May 19, 1994

The IAS Court properly dismissed the cause of action for breach of defendants' duty to conduct a fair auction on the ground that the disclaimers in the parties' Confidentiality Agreement preclude the existence of any such duty (see, Goodstein Constr. Corp. v City of New York, 80 N.Y.2d 366), and properly dismissed the causes of action for fraud on the ground that the disclaimers were sufficiently specific to bar any claim...

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