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Ungar v. Lesser

Appellate Division of the Supreme Court of New York, First Department
Feb 9, 1988
137 A.D.2d 419 (N.Y. App. Div. 1988)

Opinion

February 9, 1988

Appeal from the Supreme Court, New York County (Irma Vidal Santaella, J.).


On argument, plaintiffs' counsel stated that the cause of action as pleaded is for breach of contract only, notwithstanding the complaint's reference to fraud. Taking counsel at his word, we find, in the circumstances, that the complaint adequately gives notice of the transaction giving rise to the contract action. Any paucity of detail may be remedied through a bill of particulars and discovery.

Concur — Murphy, P.J., Sullivan, Carro, Milonas and Kassal, JJ.


Summaries of

Ungar v. Lesser

Appellate Division of the Supreme Court of New York, First Department
Feb 9, 1988
137 A.D.2d 419 (N.Y. App. Div. 1988)
Case details for

Ungar v. Lesser

Case Details

Full title:IRENE UNGAR et al., Respondents, v. BARRY D. LESSER et al., Appellants

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

Date published: Feb 9, 1988

Citations

137 A.D.2d 419 (N.Y. App. Div. 1988)