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POPE INVS. II LLC v. BELMONT PARTNERS, LLC

Index No. 651479/12. Appeal No. 15962. Case No. 2021-03504.

205 A.D.3d 559 (2022)

166 N.Y.S.3d 531

2022 NY Slip Op 03334

Pope Investments II LLC et al., Respondents, v. Belmont Partners, LLC, et al., Appellants, et al., Defendants.

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

Decided May 19, 2022.

Attorney(s) appearing for the Case

Wilson Elser Moskowitz Edelman & Dicker LLP, New York ("Elie" Ian Marc Herman of counsel), for appellants.

Weber Gallagher Simpson Stapleton Fires & Newby, LLP, New York (Theodore Eder of counsel), and Protzman Law Firm, LLC, Leawood, KS (Andrew B. Protzman of the bar of the State of Kansas and the State of Missouri, admitted pro hac vice, of counsel), for respondents.

Concur—Kapnick, J.P., Webber, Mendez, Pitt, Higgitt, JJ.

The motion court correctly determined that the amended complaint adequately stated claims for fraudulent inducement by alleging, among other things, that but for defendants' misrepresentations that the nonparties who embezzled plaintiffs' investment were trustworthy and that the transactions were properly structured, plaintiffs would not have agreed to complete the transactions. Whether those allegations can be established will be determined at trial (see e.g. Basis PAC...

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