Amsterdam Hospitality Group, LLC v. Marshall-Alan Associates, Inc.

As related to this appeal, defendant’s motion was for an order pursuant to CPLR 3211 (a) (1) and (7) dismissing the third and fourth causes of action for fraud and negligent misrepresentation, respectively. I agree that the motion was properly denied insofar as it called for a dismissal under CPLR 3211 (a) (7). I respectfully dissent because the motion should have been granted pursuant to CPLR 3211 (a) (1) on the basis of documentary evidence that negates the element of reasonable reliance with respect to each cause of action.

Defendant is an executive search firm. Plaintiff alleges in the…