From Casetext: Smarter Legal Research

Warren v. Forest Lawn Cemetery Mausoleum

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 22, 1995
222 A.D.2d 1059 (N.Y. App. Div. 1995)

Opinion

December 22, 1995

Appeal from the Supreme Court, Erie County, Joslin, J.

Present — Denman, P.J., Green, Fallon, Doerr and Boehm, JJ.


Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted summary judgment dismissing the fraud cause of action. Plaintiff is not a proper party to allege fraud because no misrepresentation was made to him, nor did he allege that he relied on any misrepresentation. Rather, the complaint alleges that defendant Warren misrepresented to defendant Forest Lawn Cemetery and Mausoleum that plaintiff had consented to the disinterment of his mother's remains (see, Orlin v Torf, 126 A.D.2d 252, 254, lv denied 70 N.Y.2d 605).


Summaries of

Warren v. Forest Lawn Cemetery Mausoleum

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 22, 1995
222 A.D.2d 1059 (N.Y. App. Div. 1995)
Case details for

Warren v. Forest Lawn Cemetery Mausoleum

Case Details

Full title:WILLIAM P. WARREN, Appellant, v. FOREST LAWN CEMETERY AND MAUSOLEUM et…

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

Date published: Dec 22, 1995

Citations

222 A.D.2d 1059 (N.Y. App. Div. 1995)
635 N.Y.S.2d 874

Citing Cases

Pasternack v. Lab. Corp. of Am. Holdings

rule (see Mid Atl. Framing, LLC v. Varish Const., Inc., 117 F.Supp.3d 145, 153 [N.D.N.Y.2015] ; Ahluwalia v.…

Securities Investor Protection Corp. v. BDO Seidman, LLP

WHILE CONCEDING THAT NONE OF BDO's STATEMENTS CONCERNING BARON'S FINANCIAL HEALTH EVER REACHED IT, SIPC…