Legal Opinion

Niagara Foods, Inc. v. Ferguson Electric Service Co.

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

Decided July 1, 2011PublishedCited by 15 opinions

1Opinion of the Court

Memorandum:

In this action to recover damages sustained as the result of a fire, plaintiffs appeal and defendants each cross-appeal from an amended order that, inter alia, granted in part defendants’ respective motions to dismiss the first amended complaint. Addressing first plaintiffs’ appeal, we conclude that Supreme Court properly granted those parts of the motions to dismiss the causes of action for fraud and negligent misrepresentation.

With respect to that part of the fraud cause of action against defendant TEGG Corporation (TEGG), plaintiffs relied upon an e-mail from TEGG that merely…

2Cases cited8 opinions

  1. Mandarin Trading Ltd. v. WildensteinNew York Court of Appeals · 2011
  2. Deerfield Communications Corp. v. Chesebrough-Ponds, Inc.New York Court of Appeals · 1986
  3. McKernin v. Fanny Farmer Candy Shops, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
  4. Fleet Bank v. Pine Knoll Corp.Appellate Division of the Supreme Court of the State of New York · 2002
  5. H & R Project Associates, Inc. v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 2001

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3Cited by15 opinions

  1. High Tides, LLC v. DeMicheleAppellate Division of the Supreme Court of the State of New York · 2011
  2. Capax Discovery, Inc. v. AEP RSD Investors, LLCDistrict Court, W.D. New York · 2018
  3. Rich v. OrlandoAppellate Division of the Supreme Court of the State of New York · 2013
  4. Flaherty Funding Corp. v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2013
  5. EAST2WEST CONSTRUCTION COMPANY, LLC v. THE FIRST REPUBLIC CORPORATION OF AAppellate Division of the Supreme Court of the State of New York · 2014

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