Legal Opinion
Kavner v. Geller
Appellate Division of the Supreme Court of the State of New York
Decided March 4, 2008PublishedCited by 3 opinions
1Opinion of the Court
*282Plaintiff does not allege any affirmative misstatement of material facts with the requisite particularity to support a claim for fraud in the inducement of the stipulation into which she entered with her former husband, defendant Geller (see CPLR 3016 [b]; New York City Health & Hosps. Corp. v St. Barnabas Community Health Plan, 22 AD3d 391 [2005]; J.A.O. Acquisition Corp. v Stavitsky, 18 AD3d 389, 390-391 [2005]). Nor may plaintiff assert that she reasonably relied on defendants’ silence or any misrepresentation regarding whether the CIBC defendants’ job offer to Geller was contingent on…
2Cases cited7 opinions
- Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
- Cosh v. CoshAppellate Division of the Supreme Court of the State of New York · 2007
- J.A.O. Acquisition Corp. v. StavitskyAppellate Division of the Supreme Court of the State of New York · 2005
- Kojovic v. GoldmanAppellate Division of the Supreme Court of the State of New York · 2006
- New York City Health & Hospitals Corp. v. St. Barnabas Community Health PlanAppellate Division of the Supreme Court of the State of New York · 2005
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3Cited by3 opinions
- Paolino v. PaolinoAppellate Division of the Supreme Court of the State of New York · 2008
- Derago v. KoAppellate Division of the Supreme Court of the State of New York · 2017
- Tobin v. GluckDistrict Court, E.D. New York · 2014