Lanzi v. Brooks

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division is affirmed, with costs, for the reasons stated in the memorandum decision of that court, with an additional observation. Plaintiff’s complaint did not allege either a present intent not to carry out the promises of future action, or, in fact, any factual assertions from which this conclusion can be drawn, and thus failed to state a cause of action for fraud based on a misstatement of future intentions (cf. Sabo v Delman, 3 NY2d 155). This failure to allege a necessary element of the cause of action, however, is not to be…