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Current Developments in the Commercial Divisions of the
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Posted: March 9, 2016

Statements of Future Intentions or Expressions of Hope not Actionable as Fraudulent Inducement

On March 8, 2016, the First Department issued a decision in Jacobson v. Croman, 2016 NY Slip Op. 01614, dismissing a cause of action for fraudulent inducement, explaining:

With respect to the sixth cause of action, alleging fraudulent inducement, plaintiff does not allege, and the record does not contain any evidence, that defendant . . . promised to construct a hotel on the property. The complaint alleges and plaintiff testified only that [the defendant] made representations and promises that he would desire to build a hotel. Such statements of future intentions or expressions of hope are not actionable.

(Internal quotations and citations omitted) (emphasis added).

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