DANANN REALTY CORP. v. HARRIS


5 N.Y.2d 317 (1959)

Danann Realty Corp., Respondent, v. David A. Harris et al., Appellants.

Court of Appeals of the State of New York.

Decided March 5, 1959.


Attorney(s) appearing for the Case

George E. Netter, Morris A. Marks and Milton Waxenfeld for appellants.

David Haar for respondent.

Chief Judge CONWAY and Judges DESMOND, DYE, FROESSEL and VAN VOORHIS concur with Judge BURKE; Judge FULD dissents in a separate opinion.


BURKE, J.

The plaintiff in its complaint alleges, insofar as its first cause of action is concerned, that it was induced to enter into a contract of sale of a lease of a building held by defendants because of oral representations, falsely made by the defendants, as to the operating expenses of the building and as to the profits to be derived from the investment. Plaintiff, affirming the contract, seeks damages...

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