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GLATT v. MARINER PARTNERS, INC.

63 A.D.3d 428 (2009)

879 N.Y.S.2d 472

ALAN D. GLATT, Appellant, v. MARINER PARTNERS, INC., et al., Respondents.

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

Decided June 4, 2009.

Plaintiff's cause of action for fraudulent inducement was properly dismissed. Not only is there no allegation of a misrepresentation that is collateral to the contract (see Glanzer v Keilin & Bloom, 281 A.D.2d 371 [2001]; Orix Credit Alliance v Hable Co., 256 A.D.2d 114 [1998]), but in addition there is no allegation of a knowing misrepresentation of a present material fact with the...

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