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KNK ENTERPRISES, INC. v. HARRIMAN ENTERPRISES, INC.

33 A.D.3d 872 (2006)

824 N.Y.S.2d 307

KNK ENTERPRISES, INC., Respondent, v. HARRIMAN ENTERPRISES, INC., et al., Appellants.

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

Decided October 24, 2006.

Ordered that the judgment is reversed, on the law, with costs, and the complaint is dismissed.

To prevail on a claim of fraud, a plaintiff must show that it actually relied on the purported fraudulent statements and that its reliance was reasonable or justifiable (see Harris v Camilleri, 77 A.D.2d 861, 863 [1980]). A party cannot claim reliance on a misrepresentation when he or she could have discovered the truth with due...

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