J H STOLOW, INC. v. BECKER GREEN

Plaintiffs' attempt to hold their creditor's attorneys liable for fraud for having sent them demand letters and then commencing an action on the creditor's behalf to recover a loan that plaintiffs allege had been extended and was not in default, was properly rejected for failure to raise a bona fide issue ( see, Assing v United Rubber Supply Co., 126 A.D.2d 590) of justifiable reliance ( see, Wilsen Assocs. Real Estate Corp. v Pizilly, 204 A.D.2d 777, 778, citing, inter alia, Channel Master Corp. v Aluminium Ltd. Sales, 4 N.Y.2d 403, 407).

Concur — Ross, J.P., Nardelli, Williams and Mazzarelli, JJ.