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GOLDSMITH v. FIGHT FOR SIGHT, INC.

251 A.D.2d 120 (1998)

674 N.Y.S.2d 649

Jeffrey Goldsmith, Appellant, v. Fight for Sight, Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

June 16, 1998

We agree with the motion court that plaintiff's promotion was contingent on future conduct and performance and any representations with respect to it were therefore promissory rather than fraudulent (see, Tannehill v Paul Stuart, Inc., 226 A.D.2d 117). While the allegation regarding the nature of defendant charitable organization as a national organization separate from its parent sets forth a misrepresentation of an existing...

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