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TRITON PARTNERS LLC v. PRUDENTIAL SECURITIES INCORPORATED

301 A.D.2d 411 (2003)

752 N.Y.S.2d 870

TRITON PARTNERS LLC, Appellant-Respondent, v. PRUDENTIAL SECURITIES INCORPORATED, Respondent-Appellant.

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

Decided January 14, 2003.

Even if we were to accept, for the purpose of the motion to dismiss, that plaintiff's conflicting allegations may be interpreted as stating a claim against defendant for misrepresentation of a present fact collateral to the engagement letter (see Deerfield Communications Corp. v Chesebrough-Ponds, Inc., 68 N.Y.2d 954), plaintiff's claim of reasonable reliance on defendant's promise to proceed with the transaction is belied by the...

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