| Parisi v Metroflag Polo, LLC |
| 2008 NY Slip Op 04140 [51 AD3d 424] |
| May 1, 2008 |
| Appellate Division, First Department |
| Joseph Parisi et al., Respondents-Appellants, v MetroflagPolo, LLC, et al., Appellants-Respondents. |
—[*1] Goodman & Saperstein, Garden City (Martin I. Saperstein of counsel), forrespondents-appellants.
Order, Supreme Court, New York County (Bernard J. Fried, J.), entered December 4, 2006,which, to the extent appealed from, denied defendants' motion for summary judgment on thesecond cause of action and granted the motion as to the first cause of action, unanimouslymodified, on the law, to grant the motion for summary judgment dismissing the second cause ofaction, and otherwise affirmed, without costs.
Defendants established their entitlement to summary judgment on the second cause of action,for negligent misrepresentation, by demonstrating that they were nonprofessionals whonegotiated an arm's length commercial contract with plaintiffs and had no special relationshipwith them (see Kimmell v Schaefer, 89 NY2d 257, 264 [1996]). Plaintiffs failed to raisea triable issue in this regard.
The first cause of action, for fraud, is based on alleged misrepresentations of future intention.Plaintiffs failed to raise a triable issue whether defendants made the statements without anypresent intention of acting in conformity therewith (see Elghanian v Harvey, 249 AD2d206 [1998]).
We have reviewed plaintiffs' remaining arguments and find them unavailing.Concur—Mazzarelli, J.P., Friedman, Sweeny and Moskowitz, JJ.