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MERIN v. PRECINCT DEVELOPERS LLC

3161, 117261/08.

74 A.D.3d 688 (2010)

902 N.Y.S.2d 821

DAVID MERIN et al., Appellants, v. PRECINCT DEVELOPERS LLC et al., Defendants, and BERND H. ALLEN et al., Respondents.

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

Decided June 29, 2010.

The cause of action for common-law fraud alleges material omissions, disclosure of which is mandated by the Martin Act (General Business Law art 23-A), but for which there is no private right of action (see Kerusa Co. LLC v W10Z/515 Real Estate Ltd. Partnership, 12 N.Y.3d 236 [2009]). Defective conditions that—according to the complaint—were not disclosed to plaintiffs...

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