21 Kane v. NVR, Inc., 2020 WL 3027239, at *4 (Del. Ch. June 5, 2020) (citing Nicolet, Inc. v. Nutt, 525 A.2d 146, 149 (Del. 1987)).
The State relies on Kane v. NVR, Inc. , 2020 WL 3027239 (Del. Ch. June 5, 2020), an order on exceptions to a Master's Report. In Kane , however, the court did not discuss the exclusive possession requirement.
Opp'n MTD CC at 27 (citing Countercls ΒΆΒΆ 51-52, 106). Id. (citing Kane v. NVR, Inc., 2020 WL 3027239, at *6 (Del. Ch. June 5, 2020) ("inferring representation false when made from 'proximity of only 11 days' between representation and breach"); and In re P3 Health grp. Holdings, LLC, 2022 WL 15035833, at *5 (Del. Ch. Oct. 26, 2022) ("pre-closing EBITDA projections immediately contradicted by negative post-closing projections supported fraud inference".).