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New York Fruit Auction Corp. v. City of New York

56 N.Y.2d 1015 Court N.Y. Decision date 1982-06-23 English

Contents

Majority

p. 1015
New York Fruit Auction Corporation, Appellant, v City of New York, Respondent.
Argued June 9, 1982;
decided June 23, 1982
p. 1017
APPEARANCES OF COUNSEL
Kim J. Landsman, Barrington D. Parker, Jr., and Anthony M. Radice for appellant.
Frederick A. O. Schwarz, Jr., Corporation Counsel (Judah Dick and Leonard Koerner of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff’s allegations of fraudulent misrepresentations are fatally inadequate, among other reasons, because the alleged representations, “more precatory than promissory”, at best were only unenforceable misrepresentations

p. 1018
of future intent (cf. Woodmere Academy v Steinberg, 41 NY2d 746 , 752). Moreover, none of the alleged representations are included in the lease approved, as required, by the New York City Charter (§ 704, subd [g]).

Finally, because the representations claimed permeated all the causes of action, including the otherwise conclusorily pleaded one based on unconscionability, the Appellate Division properly dismissed all four pursuant to CPLR 3211 (subd [a], par 7).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed, with costs, in a memorandum.