PISCITELLO v. BRANDT


3 A.D.3d 337 (2004)

769 N.Y.S.2d 887

BENEDETTA PISCITELLO, Respondent, v. ARTHUR BRANDT, Appellant.

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

January 8, 2004.


Plaintiff alleges she was fraudulently induced to enter into a net lease agreement by misrepresentations as to the condition of the premises, the rent roll and the cost of restoration. Issues of fact are raised with respect to whether a $400,000 prepayment constituted rent, an option to purchase or some other item; whether misrepresentations were made regarding the nature of the agreement and plaintiff's ability to finance the purchase; and whether defendant's attorney inappropriately...

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