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Dhooge Bros., Inc. v. Joaquin P. Mecho
Plaintiff has failed to set forth sufficient facts establishing misrepresentation or fraud on the part of the moving defendant who was not a party to the contract. “ Fraud cannot be inferred, it must be proved.” (Anderson v. Malley, 191 App. Div. 573, 575.) Concur — Botein, P. J., Breitel, Valente, McNally and Eager, JJ.