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P. CHIMENTO CO., INC. v. RICO

208 A.D.2d 385 (1994)

617 N.Y.S.2d 157

P. Chimento Co., Inc., Appellant, v. Banco Popular De Puerto Rico et al., Respondents

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

October 6, 1994

The trial court properly determined that plaintiff did not establish a prima facie case on any of the three causes of action in the complaint. In that regard, the law is settled that in order to establish fraud, the following elements must be demonstrated: (1) misrepresentation of a material fact; (2) scienter; (3) justifiable reliance; and (4) injury or damages (Gouldsbury v Dan's Supreme Supermarket, 154 A.D.2d 509, 510-511,

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