Pennsylvania Publications, Inc. v. Senft

Orders unanimously affirmed, with $20 costs and disbursements to respondent. The cause of action alleged in the complaint is for common-law fraud, not breach of warranty made in the contract. To sustain it plaintiff will be required to prove all the ingredients of a fraud action. This is not an action upon any contract, or contractual in nature; thus section 218 of the General Corporation Law is not available as a defense. Present — Peek, P. J., Dore, Cohn, Van Voorhis and Breitel, JJ.