KSW Mechanical Services, Inc. v. Willis of New York, Inc.

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered August 1, 2008, which, to the extent appealed from, denied defendant Willis of New York’s motion to dismiss plaintiffs first, second and fourth causes of action and defendant American Home Assurance’s motion to dismiss the fourth cause of action, unanimously reversed, on the law, without costs, and the motions granted.

Plaintiffs fraud claims based on alleged misrepresentations regarding coverage made in a construction project insurance manual are not viable for lack of reasonable reliance as a matter of law in light of…