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CLARKE v. WALLACE OIL COMPANY, INC.

284 A.D.2d 492 (2001)

727 N.Y.S.2d 139

WAYNE CLARKE, Appellant-Respondent, v. WALLACE OIL COMPANY, INC., Respondent-Appellant. (Matter No. 1.) In the Matter of WALLACE OIL COMPANY, INC., Respondent, v. WAYNE CLARKE, Appellant. (Matter No. 2.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided June 25, 2001.

Ordered that the cross appeal is dismissed as abandoned (see, 22 NYCRR 670.8 [c], [e]); and it is further,

Ordered that the judgment in Matter No. 1 is affirmed, without costs or disbursements; and it is further,

Ordered that the judgment in Matter No. 2 is reversed, without costs or disbursements, the petition is denied, and the proceeding is dismissed.

"In an action to recover damages for fraud, the plaintiff must prove a misrepresentation...

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