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RAND v. LAICO

282 A.D.2d 444 (2001)

722 N.Y.S.2d 405

MARSHA RAND, Appellant, v. JOSEPH R. LAICO, Respondent, et al., Defendant.

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

Decided April 2, 2001.

Ordered that the order is affirmed insofar as appealed from, with costs.

The complaint fails to state a cause of action to recover damages for fraud. A cause of action sounding in fraud may not be based on "statements which were promissory in nature at the time they were made and which related to future actions or conduct" (Rapanakis v Athanasiou, 250 A.D.2d 583, 584; see, Brown v Lockwood, 76 A.D...

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