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MacBeth v. New York Racing Association, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jun 27, 1988
141 A.D.2d 805 (N.Y. App. Div. 1988)

Opinion

June 27, 1988

Appeal from the Supreme Court, Queens County (LeVine, J.).


Ordered that the order is affirmed, with costs.

The plaintiffs' causes of action to recover damages for fraud, as they relate to the respondent, were properly dismissed. The allegations in the complaint which state that the codefendants concealed information from a veterinarian of the respondent and that this veterinarian failed to conduct a proper examination, fail to set forth the necessary elements of a fraud cause of action against the respondent (see, Reno v Bull, 226 N.Y. 546; Williams v Upjohn Health Care Servs., 119 A.D.2d 817).

The plaintiffs' remaining contentions are without merit (see, Arellano v New York Racing Assn., 139 A.D.2d 685). Mollen, P.J., Lawrence, Weinstein and Balletta, JJ., concur.


Summaries of

MacBeth v. New York Racing Association, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jun 27, 1988
141 A.D.2d 805 (N.Y. App. Div. 1988)
Case details for

MacBeth v. New York Racing Association, Inc.

Case Details

Full title:JOANNE MacBETH, Individually and as Administratrix of the Estate of DONALD…

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

Date published: Jun 27, 1988

Citations

141 A.D.2d 805 (N.Y. App. Div. 1988)