WATERSCAPE RESORT LLC v. McGOVERN

10435, 652123/10.

107 A.D.3d 571 (2013)

967 N.Y.S.2d 368

2013 NY Slip Op 4709

WATERSCAPE RESORT LLC, Appellant, v. ERIC McGOVERN et al., Respondents.

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

Decided June 20, 2013.


Plaintiff project owner alleges that defendants fraudulently misrepresented that their construction management company (PMG) had obtained full subguard insurance coverage to protect plaintiff against default by the largest subcontractor on the project, which was responsible for constructing the project's superstructure. According to plaintiff, it reasonably relied on defendants' alleged misrepresentation and incurred damages when the subcontractor later defaulted and there...

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