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Wexler v. Wexler

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


June 15, 2010

SHIMSHON WEXLER, PLAINTIFF-APPELLANT,
v.
AARON WEXLER, ET AL., DEFENDANTS-RESPONDENTS,
ABC LLC, ET AL., DEFENDANTS.

Appeal from order, Supreme Court, New York County (Ira S. Gammerman, J.H.O.), entered on or about December 15, 2009, which granted defendants' motion to dismiss the complaint, deemed an appeal from judgment, same court and J.H.O., entered January 15, 2010, dismissing the complaint (CPLR 5501[c]), and, so considered, said judgment unanimously affirmed, with costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Andrias, J.P., Saxe, Sweeny, Nardelli, Catterson, JJ.

600656/09

Plaintiff failed to allege fraudulent inducement in the execution of the parties' unambiguous Stipulation of Settlement and Release with sufficient particularity and failed to allege facts establishing that his reliance on defendant Aaron Wexler's alleged misrepresentations was reasonable (see New York City School Constr. Auth. v Koren-DiResta Constr. Co., 249 AD2d 205, 205-206 [1998]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100615

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