· 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 CourtListenerSourced 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.