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Aigen v. Dimin

Appellate Division of the Supreme Court of New York, Second Department
Feb 22, 1982
86 A.D.2d 896 (N.Y. App. Div. 1982)

Opinion

February 22, 1982


In an action to recover damages for fraud, defendant appeals from an order of the Supreme Court, Nassau County (Burke, J.), dated November 3, 1980, which denied his motion for summary judgment dismissing the complaint. Order modified, on the law, by adding thereto, after the provision denying the motion, the following: "as to the second cause of action but the motion is granted as to the first cause of action." As so modified, order affirmed, without costs or disbursements. It is apparent from plaintiffs' answers to defendant's interrogatories that the claim of damages in the first cause of action is based solely upon unrealized profits. The law is well settled that one cannot obtain unrealized profits in an action for fraud ( Reno v. Bull, 226 N.Y. 546; Oxenfeldt v. Yonofsky, 276 App. Div. 374; Ungewitter v. Toch, 31 A.D.2d 583). Titone, J.P., Mangano, Weinstein and O'Connor, JJ., concur.


Summaries of

Aigen v. Dimin

Appellate Division of the Supreme Court of New York, Second Department
Feb 22, 1982
86 A.D.2d 896 (N.Y. App. Div. 1982)
Case details for

Aigen v. Dimin

Case Details

Full title:GEORGE AIGEN et al., Respondents, v. ROBERT P. DIMIN, Appellant

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

Date published: Feb 22, 1982

Citations

86 A.D.2d 896 (N.Y. App. Div. 1982)

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