DOUCE v. BANCO POPULAR NORTH AMERICA


8 A.D.3d 34 (2004)

777 N.Y.S.2d 635

OLIVER DOUCE, Also Known as PETER PARKINS, Appellant, v. BANCO POPULAR NORTH AMERICA, Respondent.

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

June 3, 2004.


Plaintiff's claim for fraud was not pleaded with the requisite particularity (see CPLR 3016 [b]), and his claims for civil rights violations were devoid of supporting factual allegations. His remaining claim, for breach of contract, was not viable in light of the admissions contained in his pleading and the terms of the subject car loan agreement, which together establish conclusively that plaintiff was in default under the agreement and that defendant bank was entitled...

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