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IDEAL STEEL SUPPLY CORP. v. ANZA

63 A.D.3d 884 (2009)

882 N.Y.S.2d 190

IDEAL STEEL SUPPLY CORP., Appellant, v. JOSEPH V. ANZA et al., Respondents.

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

Decided June 16, 2009.

Ordered that the orders are affirmed insofar as appealed from, with one bill of costs.

The Supreme Court properly granted those branches of the defendants' separate motions which were to dismiss the fourth cause of action of the amended complaint alleging fraud. The plaintiff failed to adequately allege justifiable reliance and damages resulting therefrom (see Ozelkan v Tyree Bros. Envtl. Servs., Inc., 29 A.D.3d 877 [2006...

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