Legal Opinion

GoSmile, Inc. v. Levine

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

Decided December 21, 2010PublishedCited by 61 opinions

1Opinion of the Court

*79OPINION OF THE COURT

Acosta, J.

In this appeal we are asked to consider whether a plaintiff is permitted to assert claims for both fraud and breach of contract where the fraud claim is based upon allegations that defendant induced plaintiff to enter into a contract based on a misrepresentation of present fact. We answer in the affirmative.

In 2002, defendant, and his wife (collectively, the Levines), founded plaintiff corporation, which develops and sells tooth-whitening and oral hygiene products, and were its sole stockholders, directors and employees. In December 2003, defendant sold a…

2Cases cited6 opinions

  1. Deerfield Communications Corp. v. Chesebrough-Ponds, Inc.New York Court of Appeals · 1986
  2. First Bank of the Americas v. Motor Car Funding, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
  3. Non-Linear Trading Co. v. Braddis Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
  4. Graubard Mollen Dannett & Horowitz v. MoskovitzNew York Court of Appeals · 1995
  5. Bernstein v. Kelso & Co.Appellate Division of the Supreme Court of the State of New York · 1997

1 more not listed; retrieve them via the Exa API.

3Cited by61 opinions

  1. NewSpin Sports, LLC v. Arrow Electronics, IncorporatCourt of Appeals for the Seventh Circuit · 2018
  2. MBIA Insurance v. Countrywide Home Loans, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  3. Cronos Group Ltd. v. XComIP, LLCAppellate Division of the Supreme Court of the State of New York · 2017
  4. Cohen v. Avanade, Inc.District Court, S.D. New York · 2012
  5. Wyle Inc. v. ITT Corp.Appellate Division of the Supreme Court of the State of New York · 2015

56 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API