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Savad , 217 A.D.2d 696, 697 (2d Dept. 1995) (“In general, a representation of opinion or a prediction “According to the aforementioned testimony,” said the Court, “any representation by Novo that no building future prediction or a representation conditioned upon the nonoccurrence of a future action ( e.g. Plaintiff claimed that it purchased the unit based upon the representation in the marketing materials Corcoran/Novo argued that despite any representations with respect to the number of legal bedrooms in

transaction, the plaintiff availed himself or herself of the opportunity to verify the defendant’s representations To recover damages for negligent representation, a plaintiff must demonstrate, inter alia , that he or

premised upon an alleged breach of contractual duties and the supporting allegations do not concern representations denied the motion on the ground that plaintiff did not offer any reasonable justification for failing to present breach of contractual duties, and the allegations with respect to the purported fraud do not concern representations premised upon an alleged breach of contractual duties and the supporting allegations do not concern representations

Blog also know that a plaintiff claiming fraud must demonstrate that he/she justifiably relied on the representation exercised “ordinary intelligence” in ascertaining “the truth or the real quality of the subject of the representation The transaction was subject to the terms, conditions and representations of an Asset Purchase Agreement the condition of the Generating Facility, and that Bay Shore made material misrepresentations of the present Power is common to many complex commercial transactions: one party is alleged to have breached the representations

At closing, the Sellers delivered a Closing Certificate, which certified that their representations and Such concealed information and false representations allegedly included that: (i) Central Conveyor regularly “Given the foregoing activities,” Plaintiffs alleged that the Seller defendants breached various representations New State Capital and New State Management “neither of which was a party to the alleged fraudulent representations of defendants’ alleged breaches of representations and warranties.”

In light of that representation, the motion court denied the request for dismissal as academic.

were deceived into taking immediate action . . . to buy defendants out of White Tiger” by Finskiy’s representation knowing, by the exercise of ordinary intelligence, the truth or real quality of the subject of the representation As such, they had an obligation to conduct due diligence “to verify defendants’ representations about sophisticated parties are involved, they must verify and investigate the truthfulness of the assurances and representations especially a sophisticated one, does not verify and investigate the truthfulness of assurances and representations

and that CEM had no objection to those attorneys contacting the clients to solicit their continued representation

requirement, the plaintiff must allege such facts as the time, place, and content of the defendant’s false representations The misrepresentation must be a misrepresentation of present fact; it cannot be a misrepresentation of insofar as asserted against each of them as time-barred.”[15] The Court explained that “[t]he facts presented and conclusory allegations [of fraud] failed to identify any specific misrepresentation of material present

requirement, the plaintiff must allege such facts as the time, place, and content of the defendant’s false representations the Court said that plaintiff failed “to specify, among other things, (i) when Defendant made this representation made before or after the sale to Rite Aid, for example), (ii) how Defendant made it, (iii) whether the representation to Plaintiff a particular share of the profits, and (iv) how Plaintiff detrimentally relied upon the representation The Court also held that plaintiff failed to “establish[] that , at the time of making the promissory representation

to leverage more than 50 years of combined experience in delivering results oriented, client-centric representation in complex class action litigation involving securities fraud and shareholders’ rights, as well as whistleblower He also has published articles on topics involving securities and whistleblower litigation. Freiberger Haber leverages more than 50 years of combined experience to deliver sophisticated and creative representation

preconceived and undisclosed intention of not performing’ the contract, such a promise constitutes a representation of present fact collateral to the terms of the contract and is actionable in fraud.” sophisticated party to an arm’s-length contract” in which “defendant expressly eschewed any warranties and presented As discussed above, plaintiff did not allege any representation that was collateral to the lease.