Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion which was to dismiss the second cause of action to recover damages for fraud is granted.
Although the defendants did not move to dismiss the plaintiffs' fraud claim upon the ground that it failed to state a cause of action, under the circumstances of this case, it should have been dismissed on that ground (see Gold v New York State Bus. Group Inc....
Let's get started
![Leagle.com](https://www.leagle.com/images/logo.png)
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.