Opinion
November 17, 1994
Appeal from the Supreme Court, New York County (Myriam J. Altman, J.).
Plaintiff's complaint was insufficient to set forth a prima facie fraud claim because it failed to set forth specific and detailed factual allegations that the defendant personally participated in, or had knowledge of any alleged fraud (CPLR 3016 [b]; see, Residential Bd. of Mgrs. v. Union Sq.-14th St. Assocs., 190 A.D.2d 636, 637-638). The defendant cannot be held personally liable for statements in the offering memo about the status of construction, the likelihood of success of the project and the business plan of the partnership absent personal knowledge that such statements were untrue when made (see, Derwald v. L.J.N. Toys, 161 A.D.2d 223), and his predictions are not actionable absent evidence that they were made with the intent to deceive (Sanyo Elec. v. Pinros Gar Corp., 174 A.D.2d 452, 453).
Concur — Murphy, P.J., Sullivan, Rosenberger, Nardelli and Tom, JJ.