OHM NYC LLC v. TIMES SQ. ASSOC. LLC

8735, 151536/18.

170 A.D.3d 534 (2019)

96 N.Y.S.3d 198

2019 NY Slip Op 02034

OHM NYC LLC, Appellant, v. Times Square Associates LLC et al., Respondents.

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

Decided March 19, 2019.


The complaint alleges multiple instances of defendants misrepresenting to plaintiff that the Bridge, a portion of the ground floor of a building, would be included in the leased premises. These misrepresentations, which the complaint alleges were made to induce plaintiff into entering into the lease, were not promises of future performance, but misrepresentations of a then present fact. Thus, the complaint states a cause of action for fraudulent inducement that is not duplicative...

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