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

Full title: NEW YORK FRUIT AUCTION CORPORATION, Appellant, v. CITY OF NEW YORK…

Court: Court of Appeals of the State of New York

Date published: Jun 23, 1982

56 N.Y.2d 1015 (N.Y. 1982)

453 N.Y.S.2d 640

439 N.E.2d 356

Opinion

Argued June 9, 1982

Decided June 23, 1982

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, CHARLES G. TIERNEY, J.

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.

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 of future intent (cf. Woodmere Academy v Steinberg, 41 N.Y.2d 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.