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LONGO v. BUTLER EQUITIES II, L.P.

278 A.D.2d 97 (2000)

718 N.Y.S.2d 30

ROBERT J. LONGO, Appellant, v. BUTLER EQUITIES II, L.P., et al., Respondents.

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

Decided December 14, 2000.

Plaintiff's allegations of fraud are deficient first because the alleged misrepresentations that the target company was seriously undervalued and could be profitably broken up, and that partnership investors would be "in and out" in not more than one year, can only be understood as nonactionable expressions of opinion, mere puffing (see, DH Cattle Holdings Co. v Smith, 195 A.D.2d 202, 208). There are no allegations that the target...

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