In DDJ Management, LLC v. Rhone Group, LLC (AD3d, 60 A.D.3d 421, 2009 NY Slip Op 1575 [1st Dept 2009]) the court reversed denial of a CPLR 3211 (a) (7) motion to dismiss the fraud cause of action. The court concluded that plaintiff, as a sophisticated investor/lender, could not establish reasonable reliance because it had failed to use the means available to it of determining the truth. In DDJ Management, the First Department noted that the plaintiff never looked at the debtor's books and records (despite the contractual right to do so) and "failed to make any such effort to evaluate the risk themselves" (2009 NY Slip Op 1575, at 3).