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WITTENBERG v. ROBINOV

9 N.Y.2d 261 (1961)

S. Victor Wittenberg, Respondent, v. Anna G. Robinov et al., Appellants.

Court of Appeals of the State of New York.

Decided March 2, 1961.

Attorney(s) appearing for the Case

Robert Konove and Gilbert K. Gottlieb for appellants.

Arthur S. Cowen for respondent.

Judges BURKE and FOSTER concur with Judge FROESSEL; Judge FULD concurs in a separate opinion; Judge VAN VOORHIS dissents in part in a separate opinion in which Chief Judge DESMOND and Judge DYE concur.

FROESSEL, J.

Plaintiff's action against defendant Robinov for fraudulently inducing a contract for the sale of real property will not lie. Under the authority of our decision in Danann Realty Corp. v. Harris (5 N.Y.2d 317; see, also, Ernst Iron Works v. Duralith Corp., 270 N.Y. 165), the alleged misrepresentations here were disclaimed with sufficient specificity...

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