Delane Check Cashing Corp. v. Katz

Full title: DELANE CHECK CASHING CORP., Respondent, v. ALVIN KATZ, Appellant

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

Date published: Feb 17, 1987

127 A.D.2d 735 (N.Y. App. Div. 1987)

Opinion

February 17, 1987

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

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The complaint states a legally sufficient cause of action to recover damages for fraud and, therefore, the defendant's motion to dismiss (see, CPLR 3211 [a] [7]) was properly denied. The defendant's assertion that the plaintiff's reliance was unjustified might, if proven, constitute a defense, but it does not impair the sufficiency of the complaint. Mangano, J.P., Bracken, Niehoff and Eiber, JJ., concur.