Legal Opinion
Honua Fifth Avenue LLC v. 400 Fifth Realty LLC
Appellate Division of the Supreme Court of the State of New York
Decided November 26, 2013Published
1Opinion of the Court
Order, Supreme Court, New York County (Eileen Bransten, J.), entered May 24, 2013, which, insofar as appealed from as limited by the briefs, denied plaintiff’s motion to amend the complaint to add claims of fraudulent inducement and aiding and abetting fraud, and applied a .18% interest rate rather than the statutory 9% rate in calculating the undertaking to be posted by defendant 400 Fifth Realty LLC to cancel the notice of pendency, unanimously affirmed, with costs.
While the proposed amended complaint alleges a misrepresentation, its allegations of fraudulent intent are conclusory and…
2Cases cited6 opinions
- Lama Holding Co. v. Smith Barney Inc.New York Court of Appeals · 1996
- Eurycleia Partners, LP v. Seward & Kissel, LLPNew York Court of Appeals · 2009
- Elterman v. . HymanNew York Court of Appeals · 1908
- New York City Transit Authority v. EisenAppellate Division of the Supreme Court of the State of New York · 2000
- Royle Realty Co. v. JuhringNew York Court of Appeals · 1965
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