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SEHERA FOOD SERVICES INC. v. EMPIRE STATE BUILDING COMPANY L.L.C.

3026N, 108325/07.

74 A.D.3d 542 (2010)

903 N.Y.S.2d 364

SEHERA FOOD SERVICES INC., Doing Business as APPLE CAFÉ, Appellant, v. EMPIRE STATE BUILDING COMPANY L.L.C., Respondent.

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

Decided June 10, 2010.

Supreme Court providently exercised its discretion in denying leave to amend, since plaintiff's proposed claim of fraudulent inducement was not viable (see e.g. Thomas Crimmins Contr. Co. v City of New York, 74 N.Y.2d 166, 170 [1989]), as it failed to allege a material misrepresentation made with the intention of inducing reliance (see Rivera v JRJ Land Prop. Corp., 27 A.D.3d 361

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