Thursday, June 8, 2017

A dismissed claim of fraud.

Practice point:  A plaintiff's general allegations that the defendant did not intend to perform on the contract are insufficient to support a cause of action sounding in fraud.

Case in point:  Mephisto Mgt., LLC v. Moon 170 Mercer, Inc., NY Slip Op 04365 (1st Dep't June 1, 2017)

Here is the decision.

Tomorrow's issue:  A common-law indemnification claim.