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LEFF v. LEFF

202 A.D.2d 373 (1994)

612 N.Y.S.2d 830

Elaine K. Leff, Respondent, v. Arthur L. Leff, Appellant

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

March 31, 1994

Defendant has failed to allege sufficient evidentiary facts in support of his affirmative defense that he was fraudulently induced to enter the subject settlement. None of the elements of fraud, except for scienter, are even pleaded, and the scienter allegations are entirely conclusory. In any event, defendant surely was in a better position than plaintiff to ascertain the status of the matter about which he claims he was misled...

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