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· 10/17/2007

Century Pacific, Inc. v. Hilton Hotels Corp.

Citations

  • 528 F. Supp. 2d 206
  • 2007 U.S. Dist. LEXIS 77104
  • 2007 WL 3036172

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that hearsay statements from Rule 30(b)(6) depositions must be supported by admissible evidence to be considered for summary judgment purposes
  • stating that a merger clause bars an action for fraud under New York law where it “references a specific subject of prior representations”
  • striking exhibit as inadmissible for lack of personal knowledge of defendant’s intent and for lack of relevance
  • dismissing plaintiffs negligent misrepresentation because, among other things, plaintiff “failed to raise a triable issue of fact as to a false representation having been made to it that the maker should have known was incorrect”
  • “[I]t is appropriate to consider the Motion to Strike prior to the Motion for Summary Judgment.”
  • “A present expression of the intent to perform a future act is actionable as fraud only if actually made with a preconceived and undisclosed intention of not performing it.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kenneth M. Karas

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.