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PORT PARTIES, LTD. v. ENK INTERNATIONAL LLC

4868, 101979/09.

84 A.D.3d 685 (2011)

923 N.Y.S.2d 537

PORT PARTIES, LTD., Respondent, v. ENK INTERNATIONAL LLC et al., Appellants.

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

Decided May 31, 2011.

The complaint asserts causes of action for fraud, breach of the covenant of good faith and fair dealing, unjust enrichment, and conversion. As to the fraud cause of action, defendants demonstrated that plaintiff's claimed reliance on their alleged misrepresentation was not reasonable or justifiable (see Stuart Silver Assoc. v Baco Dev. Corp., 245 A.D.2d 96, 98-99 [1997]). In opposition, plaintiff failed to raise the inference that...

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