Opinion
2001-06787
Argued September 23, 2002.
October 15, 2002.
In an action to recover damages for fraud, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Parga, J.), entered July 2, 2001, which, after a nonjury trial, and the granting of the motion of the defendant Toshiba America Medical Systems, Inc., pursuant to CPLR 4401 for judgment as a matter of law, is in favor of that defendant and against her.
Dominick W. Lavelle, Mineola, N.Y., for appellant.
Ford Marrin Esposito Witmeyer Gleser, LLP, New York, N.Y. (John J. Witmeyer III, David A. Beke, Michael A. Rowe, and Morgan J. Basset of counsel), for respondent.
Before: SONDRA MILLER, J.P., WILLIAM D. FRIEDMANN, STEPHEN G. CRANE, REINALDO E. RIVERA, JJ.
ORDERED that the judgment is affirmed, with costs.
The Supreme Court properly granted the motion of the defendant Toshiba America Medical Systems, Inc. (hereinafter Toshiba), made at the close of the plaintiff's evidence. In this action to recover damages for fraud, the plaintiff had the burden to prove, by clear and convincing evidence, inter alia, that Toshiba knowingly made a false representation to her (see C.P.J. Inc. v. 234 High Seas Restaurant Corp., 260 A.D.2d 524; Iannucci v. Viscardi, 251 A.D.2d 379; Brown v. Lockwood, 76 A.D.2d 721, 730; see also Matter of Chrils v. Nassau County Civil Service Commission, 277 A.D.2d 226, 228; Abrahami v. UPC Constr. Co., 224 A.D.2d 231, 233). The plaintiff failed to establish that Toshiba made any such representation.
The plaintiff's remaining contentions are without merit.
S. MILLER, J.P., FRIEDMANN, CRANE and RIVERA, JJ., concur.