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McLAUGHLIN & STERN, L. L. P. v. LIPKIN

288 A.D.2d 65 (2001)

733 N.Y.S.2d 17

McLAUGHLIN & STERN, L. L. P., Respondent, v. LEON LIPKIN et al., Appellants.

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

Decided November 13, 2001.

Plaintiff law firm's allegations that defendant former partner diverted a firm fee while still a partner, contrary to his representations on which plaintiff justifiably relied in entering into the subject release, suffice to show fraud (see, Swersky v Dreyer & Traub, 219 A.D.2d 321, 326; Bernstein v Kelso & Co., 231 A.D.2d 314, 320) such as would allow plaintiff to avoid the release...

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