Opinion
March 12, 1996
Appeal from the Supreme Court, New York County (Herman Cahn, J.).
Plaintiffs' attempt to hold their creditor's attorneys liable for fraud for having sent them demand letters and then commencing an action on the creditor's behalf to recover a loan that plaintiffs allege had been extended and was not in default, was properly rejected for failure to raise a bona fide issue ( see, Assing v United Rubber Supply Co., 126 A.D.2d 590) of justifiable reliance ( see, Wilsen Assocs. Real Estate Corp. v Pizilly, 204 A.D.2d 777, 778, citing, inter alia, Channel Master Corp. v Aluminium Ltd. Sales, 4 N.Y.2d 403, 407).
Concur — Ross, J.P., Nardelli, Williams and Mazzarelli, JJ.