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RAYTHEON COMPANY v. AES RED OAK, LLC

37 A.D.3d 364 (2007)

831 N.Y.S.2d 54

RAYTHEON COMPANY, Respondent, v. AES RED OAK, LLC, Appellant.

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

Decided February 27, 2007.

In this action for breach of a construction contract in which defendant counterclaims for breach of a settlement agreement and its fraudulent inducement, the fraud counterclaims were properly dismissed on the ground that the required elements of a false statement and justifiable reliance (see Lama Holding Co. v Smith Barney, 88 N.Y.2d 413, 421 [1996]) were both clearly contradicted by documentary...

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