Argued November 23, 1966
Decided December 29, 1966
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, EDWARD T. McCAFFREY, J.
Albert Adams for appellant.
Irving L. Golomb and James G. Mackey for respondent.
Order affirmed, with costs; no opinion.
Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING.
Full title:PHILIP MILLER, Appellant, v. ELI LIVINGSTONE, Respondent
Court:Court of Appeals of the State of New York
Date published: Dec 29, 1966
The elements of a cause of action for fraud are (1) a misrepresentation of fact, (2) which was false and…
First National State Bank v. Irving Trust Co.However, no deception was perpetrated upon plaintiff since it was fully aware of the Irving loan, of which it…