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ERRANT GENE THERAPEUTICS, LLC v. SLOAN-KETTERING INST. FOR CANCER RESEARCH

8641. 150856/17. 8640. 8639. 8638.

174 A.D.3d 473 (2019)

106 N.Y.S.3d 302

2019 NY Slip Op 05754

Errant Gene Therapeutics, LLC, Respondent, v. Sloan-Kettering Institute for Cancer Research et al., Appellants.

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

Decided July 23, 2019.

This action arises from a failed partnership to develop a cure for rare genetic blood disorders.

The complaint states a cause of action for fraud by alleging that Sloan-Kettering knowingly misrepresented or omitted a material fact for the purpose of inducing plaintiff to rely upon it, that plaintiff justifiably relied on the misrepresentation or omission, and that plaintiff sustained injury (see Loreley Fin. [Jersey] No. 3 Ltd. v Citigroup Global Mkts. Inc.,

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