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E1 ENTERTAINMENT U.S. LP v. REAL TALK ENTERTAINMENT, INC.

5373, 650135/09.

85 A.D.3d 561 (2011)

925 N.Y.S.2d 472

2011 NY Slip Op 5203

E1 ENTERTAINMENT U.S. LP, Appellant, v. REAL TALK ENTERTAINMENT, INC., et al., Respondents.

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

Decided June 16, 2011.

Defendant Derrick Johnson's alleged statement that there were "existing deals" constitutes a statement of "then-present facts" sufficient to sustain the fraud claims (see Success, LLC v Stonehenge Capital Co., LLC, 81 A.D.3d 478, 479 [2011]).

The fraud-based claims are independent of the breach of contract claim. According to the complaint, plaintiff relinquished its contractual...

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