Opinion · Appellate Terms of the Supreme Court of New York
Herz v. Thornwood Acres "D", Inc.
Herz v. Thornwood Acres "D", Inc., 91 Misc. 2d 130 (Appellate Terms of the Supreme Court of New York 1977)
- Type
- Opinion
- Court
- Appellate Terms of the Supreme Court of New York
- Jurisdiction
- New York
- Date
- 1977-04-12
- Topic
- general
How later courts describe this case
- Court allowed recovery in negligence for economic damages but disallowed recovery for implied warranty because of lack of privity.
Citator
UpLaw has not yet analyzed Herz v. Thornwood Acres "D", Inc.. The absence of a flag is not a finding that it is good law.
- Cited by
- 5 opinions
Memorandum. Appeal from order dismissed.
Judgment (see 86 Misc 2d 53) affirmed, with $25 costs.
In our opinion, the record amply supports the lower court’s determination that defendants knowingly made fraudulent representations of fact upon which plaintiffs reasonably relied to their detriment. (See State St. Trust Co. v Ernst, 278 NY 104; Ultramares Corp. v Touche, 255 NY 170; Wechsler v Hoffman-LaRoche, Inc., 198 Misc 540; see, also, 24 NY Jur, Fraud and Deceit, §§ 142, 144, 174, 200, 288; Ann., 91 ALR 1363, 1376.)
Concur: Farley, P. J., Glickman and Gagliardi, JJ.