Whitney v. . Allaire.

Summary

The New York Court of Appeals affirmed the judgment for the plaintiff, holding that a fraudulent misrepresentation as to the extent of a leasehold interest gives rise to an action for damages, that the lease was binding upon execution, that the defendant's subsequent possession does not waive the right to recover damages, and that damages are measured by the amount the plaintiff would have been required to pay a third party to obtain the lease as represented. The court relied on longstanding New York precedent, and a dissent argued that the issue was not properly before the court and that the evidence should have been excluded.