Appellate Division of the Supreme Court of the State of New York June 18, 1996 (Community Energy Alternatives Inc. v. Peatco II, L. P.)

The record does not raise triable issues of fact as to plaintiffs’ claim that information about the use of untested ancillary equipment was fraudulently withheld. There is no evidence supporting an inference that fraudulent intent existed and ac*310cordingly this claim should have been dismissed.