Louis Sabo v. Herman B. Delman, and Abraham Rotwein, as of Herman B. Delman

Summary

The New York Court of Appeals reversed the Appellate Division, denied the defendants' motion for judgment on the pleadings, and held that the plaintiff's complaint states a viable cause of action for rescission based on fraudulent misrepresentations, even though the alleged statements were promises of future performance and a merger clause was present.