Practice point: The allegation that a defendant entered into a contract with the intent not to perform will not support a cause of action sounding in fraud.
Students should note that a cause of action sounding in fraud is not duplicative of one to recover damages for a breach where plaintiff sues non-parties, and seeks compensatory damages which are otherwise not recoverable.
Case: Introna v. Huntington Learning Ctrs., Inc., NY Slip Op 08533 (2d Dept. 2010)
Here is the decision.
Tomorrow’s issue: Motion practice.
