Search Results

However, if the plaintiff alleges a misrepresentation of “present facts that collateral to the contract The Court found that Upstate Forestry’s “representations … to secure permission to log timber on the property, i.e., representations regarding the northernmost and middle sections of the property,” were “ hose representations,” said the Court, “were false and known by the agents to be false at the time

As we discussed, representations about the ability to perform are not the same as inactionable promises Plaintiff claimed that it relied on the financial information, including a representation and warranty On the one hand, the facts revealed that the pre-loan and pre-lease amendment representations were duplicative obligations; rather, the facts showed that the representations related an ability to perform.  with respect to the post-Loan Agreement representations), the fraud claim may nevertheless be duplicative

Plaintiff advanced a further $10 million to mCloud upon those representations. Plaintiff alleged that it subsequently discovered defendants’ representations to be false, and that the

(the “Fund”) as a purportedly “exclusive” investment pool, soliciting funds from investors based on representations in doing so, relinquished control over investment decisions in reliance on defendant’s expertise and representations

available:  Plaintiff cannot claim active concealment of the elevator or justifiable reliance on any false representations exercised “ordinary intelligence” in ascertaining “the truth or the real quality of the subject of the representation Where the falsity of a representation 9 could have been ascertained by reviewing “publicly available

sale and purchase agreement provided that the Building was being purchased “as is,” it also contained representations The motion court also found that Plaintiff reasonably relied upon the alleged fraudulent representations Under New York law, a party’s disclaimer of reliance on extra-contractual representations and omissions The parties also agreed that in the event that the representations and warranties in the agreement were The motion court found that certain representations in the agreement were not true, correct and complete

The Lenders alleged that defendants knew these representations were false when made. The Lenders claimed that they relied on the $10 million obligation limit representation because that The Lenders further contended that defendants made this representation to induce the signing of the ABN the 2014 transaction loans.” 7 The Court explained that “ lthough defendants correct that § 4 makes representations

The court also found that process server acted reasonably in relying upon the representations of Crystal the issue in the case, the Court stated: The question raised by this appeal, therefore, is whether representation In other words, may a process server reasonably rely upon the representations of a family member at the process to be effective, so as to implicitly excuse service at an incorrect address, we conclude that a representation authority exception to CPLR 308” but, “ rediting Burke's hearing testimony, … Crystal … instead made a representation

Freiberger Haber applies more than 65 years of combined experience to deliver sophisticated and creative representation

In the end, the Tribunal unanimously concluded, based on the extensive record presented, that VGCP had any further discovery, holding that the respondent had already been afforded a full opportunity to present misrepresentation by VGCP’s counsel.” [13]  “To the extent Shell sought to test opposing counsel’s representations [was] conjecture.” [29] Speaking to the scienter element of fraud, the motion court found that “the representations Speculation about undisclosed documents, disagreements with counsel’s representations, or post-hoc dissatisfaction

documents on behalf of Lucky 195, and that Seung had performed the necessary due diligence to confirm these representations requirement, the plaintiff must allege such facts as the time, place, and content of the defendant’s false representations further represented that the lawyer had “made no independent inquiry into the accuracy of the factual representations

misrepresentations were the central issue in both actions, and the plaintiffs alleged breach of various representations The Court explained that IBM’s “single allegation that GlobalFoundries gave a pre-contractual representation that the defendant’ fraud resulted in a subsisting contract which, on account of the falsity of the representations agreement inapplicable to the fraudulent inducement cause of action’, that simply not the situation present