In P. T. Bank Cent. Asia v. ABN AMRO Bank N. V., 301 AD2d 373 [1st Dept 2003]) the Appellate Division, First Department, reasoned: "While the evidence might ultimately demonstrate that the information [defendant] allegedly had regarding the true value of the loan collateral was either nonexistent or available to plaintiff with the exercise of reasonable diligence--and thus that [defendant] did not misrepresent what it knew about the value of the collateral or that plaintiff was not justified in relying on [defendant's] misrepresentations--it is inappropriate to determine those issues as a matter of law based solely on the allegations in plaintiff's complaint, at this point in the proceedings".