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DORAL FABRICS, INC. v. GOLD

161939/15, 5489, 5488.

157 A.D.3d 560 (2018)

66 N.Y.S.3d 877

2018 NY Slip Op 00342

DORAL FABRICS, INC., et al., Appellants, v. CHERYL GOLD, Individually and as Preliminary Executrix of the Estate of EUGENE P. GOLD, et al., Respondents, et al., Defendants.

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

Decided January 18, 2018.

The complaint fails to state a cause of action for fraud (see Mandarin Trading Ltd. v Wildenstein, 16 N.Y.3d 173, 178 [2011]). The first step of the purported fraud, that the decedent, Eugene P. Gold, "diverted" income from plaintiff Barker-Doral Fabrics, Inc., did not constitute fraud; rather, as the complaint alleges elsewhere, it was embezzlement.

The second step of the scheme, the sham loan of the diverted funds to plaintiff...

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