Practice point: An at-will employee generally cannot establish reasonable reliance on a prospective employer's representations, an element necessary to recover damages under theories of fraudulent misrepresentation and negligent misrepresentation.
Practitioners should note that a critical element of prima facie tort is that plaintiff suffered a specific and measurable loss, which requires an allegation of special damages.
Case: Epifani v. Johnson, NY Slip Op 05287 (1st Dept. 2009)
The opinion is here.
Tomorrow’s issue: Service of process.
