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CESTONE v. JOHNSON

10849, 155070/17.

179 A.D.3d 557 (2020)

117 N.Y.S.3d 221

2020 NY Slip Op 00495

Maria A. Cestone, Appellant, v. Sarah Johnson et al., Respondents, et al., Defendant.

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

Decided January 23, 2020.

This action arises from a loan made by defendant Holly Bartlett Johnson (Holly) to nonparty Worldview Entertainment Holdings Inc. (Worldview). Plaintiff Maria Cestone claims that Holly and her sister, Sarah Johnson (Sarah), fraudulently induced her into purchasing the note that memorialized a loan, by failing to disclose that Sarah, a guarantor on the loan, had already repaid Holly the loan prior to the purchase.

The court properly dismissed the fraud-based claims...

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