Summary
upholding jury verdict of fraud when “[t]here is also evidence that defendants were aware that plaintiff was acting on the basis of a mistaken belief ... [t]his situation imposed an obligation to disclose on defendants' part”
Summary of this case from Marini v. AdamoOpinion
Argued April 1, 1992
Decided April 30, 1992
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Robert R. Meehan, J.
Allen H. Weiss for appellants.
Charles T. Bistany for respondent.
Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 170 A.D.2d 769).
Concur: Chief Judge WACHTLER and Judges KAYE, TITONE, HANCOCK, JR., and BELLACOSA. Taking no part: Judge SIMONS.