Practice point: While mere promissory statements as to what will be done in the future are not actionable, a promise actually was made with a preconceived and undisclosed intention of not performing it constitutes a misrepresentation of a material existing fact upon which an action for rescission may be based. Such a misrepresentation is collateral to the agreement, and can be the basis of a fraudulent inducement claim.
Case in point: White v. Davidson, NY Slip Op 04219 (1st Dep.t May 30, 2017)
Here is the decision.
Tomorrow's issue: Pleading prior written notice of a sidewalk defect.
