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KSW MECHANICAL SERVICES, INC. v. WILLIS OF NEW YORK, INC.

63 A.D.3d 411 (2009)

879 N.Y.S.2d 328

KSW MECHANICAL SERVICES, INC., Respondent-Appellant, v. WILLIS OF NEW YORK, INC., Appellant-Respondent, and AMERICAN HOME ASSURANCE COMPANY, Respondent-Appellant.

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

Decided June 2, 2009.

Plaintiff's fraud claims based on alleged misrepresentations regarding coverage made in a construction project insurance manual are not viable for lack of reasonable reliance as a matter of law in light of the manual's disclaimers stating that it provides an overview and that the policies alone govern coverage. Since the claims are flatly contradicted by the documentary evidence (see Biondi v Beekman Hill House Apt. Corp., 257 A.D.2d 76...

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