Wexler v Wexler

Wexler v Wexler 2010 NY Slip Op 05278 [74 AD3d 567] June 15, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 25, 2010

Shimshon Wexler, Appellant,
v
Aaron Wexler et al., Respondents, et al., Defendants.

—[*1] Kera & Graubard, New York (Martin S. Kera of counsel), for appellant.

Moritt Hock Hamroff & Horowitz LLP, Garden City (Robert M. Tils of counsel), for respondents.

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 Judicial Hearing Officer, entered January 15, 2010, dismissing the complaint (CPLR 5501 [c]), and, so considered, said judgment unanimously affirmed, with costs.

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]). Concur—Andrias, J.P., Saxe, Sweeny, Nardelli and Catterson, JJ.