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· 3/16/2006

Manufacturers & Traders Trust Co. v. Snow

Citations

  • 27 A.D.3d 929
  • 812 N.Y.S.2d 148

How courts have described this case

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

  • stating that “[m]ere unfulfilled promissory statements as to what will be done in the future are not actionable as fraud and the injured party’s remedy is to sue for breach of contract.”
  • indicating that Sabo rule is applicable where plaintiff presents proof that defendant did not intend to keep its promise; such proof must go beyond the mere fact that defendant did not in fact perform
  • “Fraudulent intent not to perform a promise cannot be inferred merely from the fact of nonperformance.... ”
  • “Mere unfulfilled promissory statements as to what will be done in the future are not actionable as fraud.”
  • “Where a party represents that he intends to act when in actuality he has no such intention, he has made a misrepresentation as to his state of mind and has thus misrepresented a then existing fact.”
  • ‘Where a party represents that he intends to act when in actuality he has no such intention, he had made a misrepresentation as to his state of mind and has thus misrepresented a then existing fact.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Carpinello

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.