GoSmile, Inc. v. Levine
Appellate Division of the Supreme Court of the State of New York
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
- Deerfield Communications Corp. v. Chesebrough-Ponds, Inc.New York Court of Appeals · 1986
- First Bank of the Americas v. Motor Car Funding, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Non-Linear Trading Co. v. Braddis Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Graubard Mollen Dannett & Horowitz v. MoskovitzNew York Court of Appeals · 1995
- Bernstein v. Kelso & Co.Appellate Division of the Supreme Court of the State of New York · 1997
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- Cronos Group Ltd. v. XComIP, LLCAppellate Division of the Supreme Court of the State of New York · 2017
- Cohen v. Avanade, Inc.District Court, S.D. New York · 2012
- Wyle Inc. v. ITT Corp.Appellate Division of the Supreme Court of the State of New York · 2015
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