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CMTY. ENERGY ALTERNATIVES INC. v. PEATCO

228 A.D.2d 309 (1996)

643 N.Y.S.2d 1000

Community Energy Alternatives Incorporated et al., Respondents-Appellants, v. Peatco II, L. P., et al., Appellants-Respondents, et al., Defendants

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

June 18, 1996

The record does not raise triable issues of fact as to plaintiffs' claim that information about the use of untested ancillary equipment was fraudulently withheld. There is no evidence supporting an inference that fraudulent intent existed and accordingly this claim should have been dismissed. In all other respects, we find that the motion court sustained those causes of action raising triable issues of fact, including legitimate...

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