Dhooge Bros. v. Mecho , 15 A.D.2d 774 ( 1962 )

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.