GREAT ATLANTIC & PACIFIC TEA COMPANY, INC. v. FRIEDMAN


289 A.D.2d 198 (2001)

734 N.Y.S.2d 485

GREAT ATLANTIC & PACIFIC TEA COMPANY, INC., Appellant, v. JOSEPH FRIEDMAN et al., Respondents, et al., Defendant.

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

Decided December 3, 2001.


Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the motion of the defendants Joseph Friedman and 380 Yorktown Food Corp. (hereinafter the respondents) for summary judgment dismissing the complaint insofar as asserted against them. The respondents established their entitlement to judgment as a matter of law dismissing the fraud cause of action by demonstrating, prima facie, that the plaintiff did not justifiably rely on the alleged...

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