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CMTY. ENERGY ALTERNATIVES INC. v. PEATCO II

243 A.D.2d 371 (1997)

664 N.Y.S.2d 550

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

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

October 28, 1997

The IAS Court correctly perceived that this Court's prior order (228 A.D.2d 309) had rejected, as nonmeritorious, the only basis for a fraud cause of action that had not been explicitly rejected by the IAS Court, namely, plaintiffs' unpled allegations of misrepresentations as to the identity of the manufacturer of the ancillary equipment that was to be used in the power plant project in which plaintiffs had invested, and properly denied...

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