Appellate Division of the Supreme Court of the State of New York December 22, 1995 (Warren v. Forest Lawn Cemetery & Mausoleum)

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted summary judgment dismissing the fraud cause of action. Plaintiff is not a proper party to allege fraud because no misrepresentation was made to him, nor did he allege that he relied on any misrepresentation.