Duane Thomas LLC v. 62 Thomas Partners, LLC

—Judgment, Supreme Court, New York County (Richard Braun, J.), entered June 8, 2001, which, to the extent appealed from as limited by the brief, upon the prior grant of defendants’ motions pursuant to CPLR 3211, dismissed the first and fourth causes of action in the amended complaint, unanimously affirmed, without costs.

The first cause of action purporting to allege fraud was properly dismissed since plaintiff has no claim of justifiable reliance upon the alleged misrepresentations in the Suskin affidavit. Plaintiff had the right to inspect the subject premises before the closing, and, as the…