Tesoro Petroleum Corp. v. Holborn Oil Co.

Order of the Supreme Court, New York County (B. Wright, J.), entered July 31, 1984, which, inter alia, denied defendants’ motion to dismiss the fourth cause of action in the complaint, is reversed, on the law, to the extent appealed from, and the motion by defendants to dismiss the fourth cause of action granted, without costs.

Plaintiff alleged in its complaint breach of contract by defendants, and, in the fourth cause of action, fraud in the inducement of the contract. Plaintiff asserted that defendants’ agent falsely assured plaintiff’s employee that defendants would perform under the…