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CAPRICORN INVESTORS III, L.P. v. COOLBRANDS INTERNATIONAL, INC.

1094, 603795/06.

66 A.D.3d 409 (2009)

886 N.Y.S.2d 158

2009 NY Slip Op 6777

CAPRICORN INVESTORS III, L.P., Appellant, v. COOLBRANDS INTERNATIONAL, INC., et al., Respondents, et al., Defendants.

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

Decided October 1, 2009.

In support of its claim of fraudulent inducement, plaintiff alleges that defendants did not keep their oral promises to consolidate the operations of their Arkansas plant and plaintiff's Texas plant and that defendants never intended to keep those promises. However, as plaintiff alleges no facts that would show that defendants never intended to keep their promises, the court correctly dismissed the claim (see Abelman v Shoratlantic Dev. Co., 153 A...

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