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Farash Construction v. Gregory D. Ferentino

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 16, 1990
167 A.D.2d 877 (N.Y. App. Div. 1990)

Opinion

November 16, 1990

Appeal from the Supreme Court, Monroe County, Willis, J.

Present — Denman, J.P., Green, Balio, Lawton and Davis, JJ.


Order unanimously affirmed without costs. Memorandum: Plaintiff's cause of action for fraudulent concealment was properly dismissed. Defendant designed and supervised the construction of an apartment complex in 1970 and 1971. The complex was sold in 1974 and again in 1975 before plaintiff purchased the property in 1977. Following a fire in 1981, plaintiff alleged that defendant architect fraudulently concealed information that the complex was not constructed in accordance with accepted engineering and architectural standards. Plaintiff, however, has failed to allege or demonstrate a contractual, fiduciary or confidential relationship giving rise to a duty upon defendant to impart such information to plaintiff or upon which liability for fraud may be imposed (see generally, 60 N.Y. Jur 2d, Fraud and Deceit, §§ 94-96; see also, Ossining Union Free School Dist. v. Anderson LaRocca Anderson, 135 A.D.2d 518).


Summaries of

Farash Construction v. Gregory D. Ferentino

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 16, 1990
167 A.D.2d 877 (N.Y. App. Div. 1990)
Case details for

Farash Construction v. Gregory D. Ferentino

Case Details

Full title:FARASH CONSTRUCTION CORPORATION, Appellant, v. GREGORY D. FERENTINO…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 16, 1990

Citations

167 A.D.2d 877 (N.Y. App. Div. 1990)
561 N.Y.S.2d 974

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