Legal Opinion
Sehera Food Services Inc. v. Empire State Building Co.
Appellate Division of the Supreme Court of the State of New York
Decided June 10, 2010PublishedCited by 3 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered January 22, 2010, which, inter alia, denied *543plaintiff’s motion for leave to amend its complaint to add a cause of action for fraud in the inducement, unanimously affirmed, without costs.
Supreme Court providently exercised its discretion in denying leave to amend, since plaintiffs proposed claim of fraudulent inducement was not viable (see e.g. Thomas Crimmins Contr. Co. v City of New York, 74 NY2d 166, 170 [1989]), as it failed to allege a material misrepresentation made with the intention of inducing reliance (see Rivera…
2Cases cited3 opinions
- Thomas Crimmins Contracting Co. v. City of New YorkNew York Court of Appeals · 1989
- Dembeck v. 220 Central Park South, LLCAppellate Division of the Supreme Court of the State of New York · 2006
- Rivera v. JRJ Land Property Corp.Appellate Division of the Supreme Court of the State of New York · 2006
3Cited by3 opinions
- Bishop v. MaurerAppellate Division of the Supreme Court of the State of New York · 2011
- Clarke v. Fifth Ave. Dev. Co., LLCAppellate Division of the Supreme Court of the State of New York · 2022
- ESRT 250 W. 57th St., L.L.C. v. 13D/West 57th LLCAppellate Division of the Supreme Court of the State of New York · 2017