Tuesday, May 9, 2017

Establishing fraudulent inducement.

Practice point: Where the facts represented are not matters peculiarly within the party's knowledge, and the other party has available the means of knowing, by the exercise of ordinary intelligence, the truth or the real quality of the subject of the representation, that party must make use of those means. Otherwise, the party will not be heard to allege fraudulent inducement.

Case:  1810 E & J Rest. Corp. v. Red & Blue Parrot, Inc., NY Slip Op 03465 (2d Dep't May 3, 2017)

Here is the decision.

Tomorrow's issue:  Affirmation of an arbitral award.