KING PENGUIN OPPORTUNITY FUND III, LLC v. SPECTRUM GROUP MANAGEMENT LLC

154084/18. Appeal No. 12244. Case No. 2019-5732.

187 A.D.3d 688 (2020)

2020 NY Slip Op 06230

King Penguin Opportunity Fund III, LLC, Appellant, v. Spectrum Group Management LLC, Also Known as Spectrum Origination LLC, Respondent, et al., Defendant.

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

Decided October 29, 2020.


Plaintiff failed to plead justifiable reliance so as to state a claim for fraudulent inducement, negligent misrepresentation, and promissory estoppel. "Where a term sheet or other preliminary agreement explicitly requires the execution of a further written agreement before any party is contractually bound, it is unreasonable as a matter of law for a party to rely upon the other party's promises to proceed with the transaction in the absence of that further written agreement...

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