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NISSAN MOTOR ACCEPTANCE CORPORATION v. SCIALPI

2011-03736.

94 A.D.3d 1067 (2012)

944 N.Y.S.2d 160

2012 NY Slip Op 3153

NISSAN MOTOR ACCEPTANCE CORPORATION, Appellant, v. THOMAS SCIALPI et al., Defendants, and GS AUTOPLEX, LLC, et al., Respondents.

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

Decided April 24, 2012.

Ordered that the order is affirmed insofar as appealed from, with costs.

The essential elements of a cause of action sounding in fraud are a misrepresentation or a material omission of fact which was false and known to be false by the defendant, made for the purpose of inducing the other party to rely upon it, justifiable reliance of the other party on the misrepresentation or material omission, and injury (see Colasacco v Robert E. Lawrence Real Estate,

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