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J.A.O. ACQUISITION v. STAVITSKY

8 N.Y.3d 144 (2007)

863 N.E.2d 585

831 N.Y.S.2d 364

J.A.O. ACQUISITION CORP. et al., Appellants, v. JEFFREY D. STAVITSKY et al., Defendants, and FIRST UNION NATIONAL BANK, Formerly Known as CORESTATES BANK, N.A., Respondent. (And a Third-Party Action.)

Court of Appeals of the State of New York.

Decided February 13, 2007.

Attorney(s) appearing for the Case

Fischer Porter & Thomas, P.C., New York City (Jay D. Fischer, Arthur L. Porter, Jr., and Matthew L. Seldin of counsel), for appellants.

Greenberg Traurig LLP, New York City (Louis Smith of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, READ, SMITH and PIGOTT concur; Judge JONES taking no part.

OPINION OF THE COURT

GRAFFEO, J.

In this action arising out of a stock purchase transaction, we conclude that plaintiff did not raise a triable issue of fact on its negligent misrepresentation and fraud claims against defendant bank. We therefore affirm the order of the Appellate Division dismissing the complaint.

In June 1997, plaintiff J.A.O. Acquisition Corp. entered into an agreement to purchase the stock of D.B. Brown, Inc., a meat and fish...

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