Legal Opinion

KNK Enterprises, Inc. v. Harriman Enterprises, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided October 23, 2006PublishedCited by 14 opinions

1Opinion of the Court

In an action to recover damages for fraud, the defendants appeal from a judgment of the Supreme Court, Nassau County (Peck, J.), entered December 3, 2004, which, after a nonjury trial, is in favor of the plaintiff and against them in the principal sum of $77,500.

Ordered that the judgment is reversed, on the law, with costs, and the complaint is dismissed.

To prevail on a claim of fraud, a plaintiff must show that it actually relied on the purported fraudulent statements and that its reliance was reasonable or justifiable (see Harris v Camilleri, 77 AD2d 861, 863 [1980]). A party cannot claim…

2Cases cited2 opinions

  1. Harris v. CamilleriAppellate Division of the Supreme Court of the State of New York · 1980
  2. East 15360 Corp. v. Provident Loan SocietyAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by14 opinions

  1. Nabatkhorian v. NabatkhorianAppellate Division of the Supreme Court of the State of New York · 2015
  2. Structured Capital Solutions, LLC v. Commerzbank AGDistrict Court, S.D. New York · 2016
  3. Paraco Gas Corp. v. Travelers Casualty & Surety Co. of AmericaDistrict Court, S.D. New York · 2014
  4. Avery v. WJM Dev. Corp.Appellate Division of the Supreme Court of the State of New York · 2021
  5. Weiss v. HagerAppellate Division of the Supreme Court of the State of New York · 2017

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