January 7, 2010

Motion practice.

Practice point: To prevail on a claim for fraudulent inducement, plaintiff must establish the intentional misrepresentation of a material fact, justifiable reliance, and a resulting injury.

Practitioners should note that plaintiff cannot establish the justifiable reliance element without having used the available means of verification.

Case: Ventur Group, LLC v. Finnerty, NY Slip Op 09544 (1st Dept. 2009)

The opinion is here.

Tomorrow’s issue: Contracts.