Itria Ventures LLC, Appellant,
v.
Provident Bank, Respondent/Third-Party Plaintiff-Respondent.
Biz2Credit Inc. et al., Third-Party Defendants-Appellants, et al., Third-Party Defendants. (And a Second Third-Party Action.)
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided January 19, 2021.
Decided January 19, 2021.
Attorney(s) appearing for the Case
Kasowitz Benson Torres LLP, New York ( Ronald R. Rossi of counsel), for appellants.
McCarter & English, LLP, New York ( John R. Stoelker ), and Joseph Lubertazzi, Jr. , of the bar of the State of New Jersey, admitted pro hac vice, of counsel for respondent.
Appellate Division of the Supreme Court of New York, First Department.
The court properly denied dismissal of the fraud claims in their entirety. The pleadings adequately allege actionable misrepresentations by appellants, including the broker appellant and Arora in his individual capacity, and also adequately allege justifiable reliance by Provident on the alleged misrepresentations. This is not a case where the issue of justifiable reliance may be resolved at the pleading stage (see Epiphany...
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