In Platus Corp. Pension Plan v. Nazareth, 271 AD2d 422, 705 N.Y.S.2d 649 (2d Dept 2000), plaintiff moved for summary judgment on a promissory note the purchaser defendant signed to effectuate the purchase of a potato chip delivery route.
Purchaser defendant argued that he was fraudulently induced into signing the note because the seller overestimated the gross revenues of the route.
The Appellate Division, Second Department, found that defendant's defense of fraud failed to raise a triable issue of fact because purchaser defendant had all the relevant financial records available to him to assess the seller's estimation. (Id. at 423).