277 Mott Street LLC v. Fountainhead Construction LLC

Order, Supreme Court, New York County (Judith J. Gische, J.), entered July 2, 2009, which granted defendants’ motion to dismiss the first, fourth, and fifth through ninth causes of action, unanimously modified, on the law, to deny the motion as to the first and fifth through ninth causes of action, and otherwise affirmed, with costs.

The complaint alleges that defendant Abrams, the principal of defendant Fountainhead Construction LLC, induced plaintiff to make a $1.5 million “down payment” to Fountainhead against a “to be negotiated” construction contract, “always intending]” to divert the…