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AUCHINCLOSS v. ALLEN

211 A.D.2d 417 (1995)

621 N.Y.S.2d 305

R. Anne Auchincloss et al., Respondents-Appellants, v. Richard Allen, Appellant-Respondent

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

January 5, 1995

Defendant failed to allege any material misrepresentation of existing fact which would support a claim of fraud (see, Lane v McCallion, 166 A.D.2d 688, 690). The existence of other litigation challenging this zoning ordinance (One Beekman Place v City of New York, 169 A.D.2d 492) was a matter of public knowledge which defendant could have discovered through the exercise of ordinary...

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