· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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