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Dhooge Bros., Inc. v. Mecho

Appellate Division of the Supreme Court of New York, First Department
Feb 27, 1962
15 A.D.2d 774 (N.Y. App. Div. 1962)

Opinion

February 27, 1962


Order, entered on June 20, 1961, denying defendant Mecho's motion to vacate the warrant of attachment, unanimously reversed, on the law and on the facts, with $20 costs and disbursements to defendant-appellant, and the motion granted. Plaintiff has failed to set forth sufficient facts establishing misrepresentation or fraud on the part of the moving defendant who was not a party to the contract. "Fraud cannot be inferred, it must be proved." ( Anderson v. Malley, 191 App. Div. 573, 575.)

Concur — Botein, P.J., Breitel, Valente, McNally and Eager, JJ.


Summaries of

Dhooge Bros., Inc. v. Mecho

Appellate Division of the Supreme Court of New York, First Department
Feb 27, 1962
15 A.D.2d 774 (N.Y. App. Div. 1962)
Case details for

Dhooge Bros., Inc. v. Mecho

Case Details

Full title:DHOOGE BROS., INC., Respondent, v. JOAQUIN P. MECHO, Appellant, et al.…

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

Date published: Feb 27, 1962

Citations

15 A.D.2d 774 (N.Y. App. Div. 1962)

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