KANBAR v. ARONOW


260 A.D.2d 182 (1999)

688 N.Y.S.2d 28

EDWARD S. KANBAR et al., Appellants, v. JOSEPH ARONOW et al., Respondents.

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

Decided April 6, 1999.


Plaintiffs' claim that the settlement agreement in the prior action, which bars their claims in this action, was induced by fraud is deficient in several respects. First, their allegations that, at the time of the settlement, the financing of the Mountain Spa project was not proceeding with Argosy "in accordance with the [Sommer-Argosy] agreements" as warranted in the settlement agreement, and indeed that defendant Sommer was then looking for sources of financing other than...

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