Fraudulent Misrepresentation Elements New York
In New York, a cause of action for fraudulent misrepresentation requires four elements:
"(1) the defendant made a material false representation;
(2) the defendant intended to defraud the plaintiffs thereby;
(3) the plaintiffs reasonably relied upon the representation;
(4) the plaintiffs suffered damage as a result of their reliance." Swersky v. Dreyer & Traub, 219 AD2d 321, 326, 643 N.Y.S.2d 33 (1st Dept 1996).
However, alleged misrepresentations that are merely promissory in nature are insufficient to support such a claim; "they must be misstatements of material fact or promises made with a present, albeit undisclosed, intent not to perform them". Edelman v. Buchanan, 234 AD2d 675, 650 N.Y.S.2d 874 (3rd Dept 1996).