SCHULMAN v. GREENWICH ASSOCIATES, LLC


52 A.D.3d 234 (2008)

859 N.Y.S.2d 421

IRA CLIFF SCHULMAN et al., Appellants, v. GREENWICH ASSOCIATES, LLC, et al., Respondents. (And a Third-Party Action.)

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

Decided June 3, 2008.


Plaintiffs failed to plead fraud with the requisite specificity (CPLR 3016 [b]), and their proposed amended complaint fails to cure this deficiency. The causes of action for fraud and fraud in the inducement merely allege that defendants did not intend to properly perform the construction contemplated in the contract. This is insufficient. "While a party who is fraudulently induced to enter into a contract may join a cause of action for fraud with one for breach of the same...

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