CHASANOFF v. PERLBERG


19 A.D.3d 635 (2005)

798 N.Y.S.2d 116

JUDITH CHASANOFF, Appellant, v. EDWARD PERLBERG, Respondent.

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

June 27, 2005.


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

The defendant established his prima facie entitlement to judgment as a matter of law by offering evidence that the plaintiff, his sister, did not rely on any material misrepresentations he allegedly made through his counsel. Thus, the plaintiff did not adequately plead a cause of action alleging fraud (see Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324...

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