GEARY v. HUNTON & WILLIAMS


257 A.D.2d 482 (1999)

684 N.Y.S.2d 207

HAROLD C. GEARY, Appellant, v. HUNTON & WILLIAMS, Respondent, et al., Defendant.

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

Decided January 21, 1999.


Plaintiff's fraudulent inducement cause of action, which seeks recovery for the loss of enhanced earning potential that plaintiff allegedly would have realized had defendant's banking litigation practice been as substantial as allegedly represented, or if he had accepted a job with a different employer, is legally insufficient. The damages plaintiff seeks are not recoverable under the out-of-pocket rule, which bars recovery of profits that would have been realized in the...

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