Sulaiman Corp. v. Asian American Food Corp.

Appellate Division of the Supreme Court of New York

Sulaiman Corp. v. Asian American Food Corp.

285 A.D.2d 499, 727 N.Y.S.2d 652, 2001 N.Y. App. Div. LEXIS 7095

Appellate Division of the Supreme Court of the State of New York·Decided July 9, 2001·Published·Cited by 5 cases

Opinion

—In an action, inter alia, to [500] rescind the purchase of a business based on fraudulent inducement, the plaintiffs appeal from so much of an order of the Supreme Court, Nassau County (McCaffrey, J.), dated August 22, 2000, as granted the motion of the defendants Asian American Food Corp. and Anil Bhantia pursuant to CPLR 3211 (a) (1) and (7) to dismiss the plaintiffs’ first cause of action alleging fraudulent inducement.

Ordered that the order is affirmed insofar as appealed from, with costs.

The statements in the plaintiffs complaint and the parties’ contract negate the plaintiffs’ claim that they reasonably relied upon the alleged oral misrepresentations of the defendant Anil Bhantia (see, Stone v Schulz, 231 AD2d 707). Accordingly, they failed to state a cause of action sounding in fraudulent inducement (see, Stone v Schulz, supra). O’Brien, J. P., Krausman, Goldstein, Schmidt and Crane, JJ., concur.

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—In an action, inter alia, to [500] rescind the purchase of a business based on fraudulent inducement, the plaintiffs appeal from so much of an order of the Supreme Court, Nassau County (McCaffrey, J.), dated August 22, 2000, as granted the motion of the defendants Asian American Food Corp. and Anil Bhantia pursuant to CPLR 3211 (a) (1) and (7) to dismiss the plaintiffs’ first cause of action alleging fraudulent inducement.

Ordered that the order is affirmed insofar as appealed from, with costs.

The statements in the plaintiffs complaint and the parties’ contract negate the plaintiffs’ claim that they reasonably relied upon the alleged oral misrepresentations of the defendant Anil Bhantia (see, Stone v Schulz, 231 AD2d 707). Accordingly, they failed to state a cause of action sounding in fraudulent inducement (see, Stone v Schulz, supra). O’Brien, J. P., Krausman, Goldstein, Schmidt and Crane, JJ., concur.

Sulaiman Corp. v. Asian American Food Corp., 285 A.D.2d 499, 727 N.Y.S.2d 652, 2001 N.Y. App. Div. LEXIS 7095 (N.Y. Ct. App. 2001).

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285 A.D.2d 499 (Sulaiman Corp. v. Asian American Food Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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