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· 2/11/1991

Petti v. Pollifrone

Citations

  • 170 A.D.2d 494
  • 565 N.Y.S.2d 841
  • 1991 N.Y. App. Div. LEXIS 2036

How courts have described this case

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

  • modifying court order to dismiss negligent misrepresentation claim on grounds that arm’s length business relationship had not given rise to special relationship.
  • finding that “[a]s there [was] no cause of action to recover damages for breach of fiduciary duty, the plaintiffs cause of action ... for aiding and abetting a breach of a fiduciary duty should also have been dismissed” by the lower court
  • dismissing claim for breach of fiduciary duty where parties “were involved in an arm's-length business transaction’
  • upholding fraudulent inducement claim based on allegations that company representative “stated that FPFG was in full compliance with regulatory requirements, when in fact, it needed an infusion of cash to meet them”
  • “[A] misrepresentation of material fact, which is collateral to the contract and serves as an inducement for the contract, is sufficient to sustain a cause of action alleging fraud.”
  • “A mere misrepresentation of an intention to perform under [a] contract is insufficient to allege fraud.”

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

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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.