Practice point: General allegations that defendant entered into a contract while lacking the intent to perform it are insufficient to support the claim.
Students should note that if adverse information about defendant was readily verifiable through public records, there could be no justifiable reliance on defendant's misrepresentations.
The case is Fariello v. Checkmate Holdings, LLC, NY Slip Op 01592 (1st Dept. 2011
Monday's issue is legal malpractice.
