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GE OIL & GAS, INC. v. TURBINE GENERATION SERVICES, L.L.C.

652296/15. 8186. 8185.

168 A.D.3d 563 (2019)

93 N.Y.S.3d 5

2019 NY Slip Op 00405

GE Oil & Gas, Inc., Respondent, v. Turbine Generation Services, L.L.C., et al., Appellants. Turbine Generation Services, L.L.C., et al., Third-Party Plaintiffs-Appellants, v. General Electric Company, Third-Party Defendant-Respondent.

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

Decided January 22, 2019.

The motion court correctly dismissed the TGS Parties' fraud claim, which is premised on the GE Parties' alleged promise that they would provide funding as agreed in the term sheet, because the alleged promise is not a misrepresentation of fact but a nonactionable statement of prediction or expectation (see Naturopathic Labs. Intl., Inc. v SSL Ams., Inc., 18 A.D.3d 404 [1st Dept 2005]; see also e.g. Pacnet Network Ltd. v KDDI Corp...

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