MELISSAKIS v. PROTO CONSTRUCTION & DEVELOPMENT CORP.


294 A.D.2d 342 (2002)

741 N.Y.S.2d 731

GEORGE MELISSAKIS et al., Respondents, v. PROTO CONSTRUCTION & DEVELOPMENT CORP., Appellant, et al., Defendant.

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

Decided May 6, 2002.


Ordered that the order is modified by deleting the provisions thereof denying those branches of the motion which were to dismiss the causes of action to recover damages for fraud and to recover in quantum meruit and for counsel fees, and substituting therefor provisions granting those branches of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the appellant's contention, the Supreme Court properly...

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