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SULLIVAN v. MERS, INC.

1038, 154868/14.

139 A.D.3d 419 (2016)

30 N.Y.S.3d 112

2016 NY Slip Op 03438

SHELBY SULLIVAN, Appellant, v. MERS, INC., et al., Respondents, et al., Defendants.

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

Decided May 3, 2016.

The court properly dismissed the fraud claims against Baron and MERS, as plaintiff has not alleged that they made any material misrepresentations upon which he relied (see Lama Holding Co. v Smith Barney, 88 N.Y.2d 413, 421 [1996]). Plaintiff has also failed to state a viable claim for conspiracy to commit fraud, since his allegations that they acted as part of a common scheme or plan to defraud him of his interest in the

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