The complaint alleges that defendant Abrams, the principal of defendant Fountainhead Construction LLC, induced plaintiff to make a $1.5 million "down payment" to Fountainhead against a "to be negotiated" construction contract, "always intend[ing]" to divert the funds for purposes other than the construction on plaintiff's property. These allegations state a cause of action for fraud (see Shisgal v Brown,
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277 MOTT STREET LLC v. FOUNTAINHEAD CONSTRUCTION LLC
4841, 603168/08.
83 A.D.3d 541 (2011)
922 N.Y.S.2d 299
277 MOTT STREET LLC, Appellant, v. FOUNTAINHEAD CONSTRUCTION LLC et al., Respondents.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided April 19, 2011.
Decided April 19, 2011.
Appellate Division of the Supreme Court of New York, First Department.
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