McDonald v. McBain

The court correctly held that plaintiff could not have justifiably relied on the alleged statements that the “Private Office of Louise Blouin Media” (LBM) was a “duly organized” entity which was “profitable,” and/or that LBM was “a thriving media company, . . . which, since its inception, has been growing by leaps and bounds,” because he had the means to discover the true facts by the exercise of “ordinary intelligence” or upon “reasonable investigation” (see Zanett Lombardier, Ltd. v Maslow, 29 AD3d 495, 496 [1st Dept 2006]; see also Stuart *437Silver Assoc. v Baco Dev. Corp., 245 AD2d 96, 98-99…