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WORLDCOM, INC. v. SEGWAY MARKETING LTD.

262 A.D.2d 164 (1999)

693 N.Y.S.2d 9

WORLDCOM, INC., et al., Appellants, v. SEGWAY MARKETING LTD. et al., Respondents, et al., Defendants.

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

Decided June 17, 1999.

Plaintiffs, in support of their causes of action for fraud, have failed to articulate a misrepresentation of a material existing fact, or a basis for justifiable reliance upon such misrepresentations as are alleged, and, accordingly, the fraud causes were properly dismissed (see, New York Univ. v Continental Ins. Co., 87 N.Y.2d 308, 318). Also proper was the motion court's dismissal of the complaint as against individual defendant...

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