SRG PARTNERS v. ASCH

Defendants-respondents' statements concerning predictions of future events cannot form the basis for a fraud cause of action (see, Beltrone v. General Schuyler Co., 223 A.D.2d 938, 941). In any event, the record supports the court's determination that plaintiff failed to prove, by clear and convincing evidence (see,Abrahami v. UPC Constr. Co., Inc., 224 A.D.2d 231, 234), the elements of its fraud claims against defendants-respondents (see, Lama Holding Co., v. Smith Barney Inc., 88 N.Y.2d 413, 421).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.