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Great Atlantic & Pacific Tea Co. v. Friedman

Appellate Division of the Supreme Court of New York, Second Department
Dec 3, 2001
289 A.D.2d 198 (N.Y. App. Div. 2001)

Opinion

2000-09858

Argued November 5, 2001

December 3, 2001.

In an action, inter alia, to recover damages for fraud, the plaintiff appeals from an order of the Supreme Court, Westchester County (Murphy, J.) entered September 7, 2000, which granted the motion of the defendants Joseph Friedman and 380 Yorktown Food Corp. for summary judgment dismissing the complaint insofar as asserted against them.

McCullough, Goldberger Staudt, White Plains, N Y (William Simon of counsel), for appellant.

Plunkett Jaffe, P.C., White Plains, N.Y. (Robert Hermann of counsel), for respondents.

Before: DAVID S. RITTER, J.P., HOWARD MILLER, SANDRA J. FEUERSTEIN, A. GAIL PRUDENTI, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The Supreme Court properly granted the motion of the defendants Joseph Friedman and 380 Yorktown Food Corp. (hereinafter the respondents) for summary judgment dismissing the complaint insofar as asserted against them. The respondents established their entitlement to judgment as a matter of law dismissing the fraud cause of action by demonstrating, prima facie, that the plaintiff did not justifiably rely on the alleged oral representations (see, Stone v. Schulz, 231 A.D.2d 707; Brisard v. Compere, 214 A.D.2d 528). In opposition, the plaintiff failed to raise a triable issue of fact to defeat the respondents' motion (see, CPLR 3212[b]; Zuckerman v. City of New York, 49 N.Y.2d 557, 562).

The plaintiff's remaining contentions are without merit.

RITTER, J.P., H. MILLER, FEUERSTEIN and PRUDENTI, JJ., concur.


Summaries of

Great Atlantic & Pacific Tea Co. v. Friedman

Appellate Division of the Supreme Court of New York, Second Department
Dec 3, 2001
289 A.D.2d 198 (N.Y. App. Div. 2001)
Case details for

Great Atlantic & Pacific Tea Co. v. Friedman

Case Details

Full title:GREAT ATLANTIC PACIFIC TEA COMPANY, INC., appellant, v. JOSEPH FRIEDMAN…

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

Date published: Dec 3, 2001

Citations

289 A.D.2d 198 (N.Y. App. Div. 2001)
734 N.Y.S.2d 485

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