Gelmac Quality Feeds, Inc. v. Ronning, 23 A.D.3d 1019 (N.Y. App. Div. 2005). · Go Syfert
Gelmac Quality Feeds, Inc. v. Ronning, 23 A.D.3d 1019 (N.Y. App. Div. 2005). Cases Citing This Book View Copy Cite
8 citation events (8 in the last 25 years) across 1 distinct court.
Strongest positive: English v. Brady (nyappdiv, 2025-12-23)
Top citers, strongest first. 6 distinct citers. How cited ↗
cited Cited as authority (rule) English v. Brady
N.Y. App. Div. · 2025 · confidence medium
Co. v McAvoy , 188 AD3d 808, 810 [2d Dept 2020]; Carlino v Shapiro , 180 AD3d 989, 990 [2d Dept 2020]; Gelmac Quality Feeds , Inc. v Ronning , 23 AD3d 1019, 1020 [4th Dept 2005]).
cited Cited as authority (rule) English v. Brady
N.Y. App. Div. · 2025 · confidence medium
Co. v McAvoy , 188 AD3d 808, 810 [2d Dept 2020]; Carlino v Shapiro , 180 AD3d 989, 990 [2d Dept 2020]; Gelmac Quality Feeds , Inc. v Ronning , 23 AD3d 1019, 1020 [4th Dept 2005]).
cited Cited as authority (rule) Providence State St. Hous. Dev. Fund Co., Inc. v. Buckingham Constr., LLC
N.Y. App. Div. · 2025 · confidence medium
Kliment & Frances Halsband, Architects [McKinsey & Co., Inc.] , 3 NY3d 538 , 541-542 [2004]; Gelmac Quality Feeds, Inc. v Ronning , 23 AD3d 1019, 1020-1021 [4th Dept 2005]).
discussed Cited as authority (rule) Reno v. Wheatland-Chili Cent. Sch. Dist.
N.Y. App. Div. · 2022 · confidence medium
Here, plaintiff's proposed cause of action under section 420 (2) is palpably insufficient because it neither pleads nor alleges facts tending to establish a necessary element of such a cause of action, i.e., that defendant's alleged failure to report was done "knowingly and willfully" (§ 420 [2]; see Ibarrondo v Evans , 191 AD3d 602, 603 [1st Dept 2021]; Galanova v Safir , 127 AD3d 686, 687 [2d Dept 2015]; Gelmac Quality Feeds, Inc. v Ronning , 23 AD3d 1019, 1020 [4th Dept 2005]; see generally Hong Qin Jiang v Li Wan Wu , 179 AD3d 1041 , 1042 [2d Dept 2020]).
discussed Cited as authority (rule) Pottorff v. Centra Fin. Group, Inc.
N.Y. App. Div. · 2021 · confidence medium
The amended complaint alleged detrimental reliance on a material representation known to be false ( see Gelmac Quality Feeds, Inc. v Ronning , 23 AD3d 1019, 1020 [4th Dept 2005]), and plaintiff pleaded with the requisite specificity the alleged misrepresentations made by defendants ( see Stevens v Perrigo , 122 AD3d 1430, 1432 [4th Dept 2014]; see generally CPLR 3016 [b]) and also alleged compensable damages resulting from defendants' fraud ( see Southwestern Invs.
discussed Cited as authority (rule) PIERONI, THOMAS J. v. PHILLIPS LYTLE LLP
N.Y. App. Div. · 2016 · confidence medium
The fraud cause of action failed to plead detrimental reliance with the requisite particularity (see Gelmac Quality Feeds, Inc. v Ronning, 23 AD3d 1019, 1020 [2005]; see generally CPLR 3016 [b]; Eurycleia Partners, LP v Seward & Kissel, LLP, 12 NY3d 553, 559 [2009]).
Retrieving the full opinion text from the archive…
Gelmac Quality Feeds, Inc., Appellant-Respondent
v.
Richard L. Ronning
Appellate Division of the Supreme Court of the State of New York.
Nov 10, 2005.
23 A.D.3d 1019
Cited by 7 opinions  |  Published

Appeal and cross appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered June 29, 2004. The order denied plaintiffs motion for leave to amend the complaint and granted in part and denied in part defendants’ cross motion to dismiss the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting the cross motion in its entirety and dismissing the complaint and as modified the order is affirmed without costs.

Memorandum: In August 1993, plaintiff contracted with defendants to design and construct an animal feed manufacturing plant. Plaintiff had continual problems with both the design of the plant and the equipment supplied by defendants, and[*1020] within weeks after becoming operational the plant was shut down by the New York State Department of Environmental Conservation (DEC) for failure to comply with applicable regulations. Plaintiff retained another engineer after affording defendants the opportunity to comply with the DEC regulations, and the plant became operational again in December 1994. In July 1999, plaintiff commenced this action against defendants for breach of contract and, in February 2003, plaintiff moved for leave to amend the complaint by adding a second cause of action against defendant Richard L. Ronning for fraudulent inducement. The proposed amendment patently lacks merit (see generally McFarland v Michel, 2 AD3d 1297, 1300 [2003]; MS Partnership v Wal-Mart Stores, 2 AD3d 1482, 1485 [2003]), and thus we conclude that Supreme Court did not abuse its discretion in denying plaintiffs motion (see generally CPLR 3025 [b]; Edenwald Contr. Co. v City of New York, 60 NY2d 957, 959 [1983]). It is well settled that a necessary element of a cause of action for fraudulent inducement is detrimental reliance on a material representation known to be false (see New York Univ. v Continental Ins. Co., 87 NY2d 308, 318 [1995]; Merrill Lynch, Pierce, Fenner & Smith, Inc. v Wise Metals Group, LLC, 19 AD3d 273, 275 [2005]), and plaintiff herein failed to plead detrimental reliance (see Dos v Scelsa & Villacara, 200 AD2d 705, 707 [1994], lv denied 84 NY2d 840 [1994]; see also Knight Sec. v Fiduciary Trust Co., 5 AD3d 172, 173 [2004]; Walters v Pennon Assoc., 188 AD2d 596 [1992]). In any event, we further conclude that the proposed cause of action is time-barred because the alleged fraudulent inducement occurred more than six years before plaintiff sought leave to amend the complaint and more than two years after plaintiff had all the necessary facts to have discovered the alleged fraud with the exercise of reasonable diligence (see Rattner v York, 174 AD2d 718, 721 [1991]; see also Hellman v Hoenig & Co., 244 AD2d 529 [1997], lv denied 92 NY2d 814 [1998]; cf. Rice v Heilbronner, 272 AD2d 957 [2000]; see generally CPLR 213 [8]; Trepuk v Frank, 44 NY2d 723, 724-725 [1978]).

The court erred, however, in denying that part of defendants’ cross motion seeking dismissal of the first cause of action insofar as it was asserted against defendant Ronning Engineering Company, Inc., and thus should have dismissed the complaint in its entirety. We agree with defendants that the first cause of action is “essentially a malpractice claim . . . couched in breach of contract terms in order to benefit from the six-year statute of limitations” (Matter of R.M. Kliment & Frances Halsband, Architects [McKinsey & Co., Inc.], 3 NY3d 538, 543 [2004]). The malpractice action accrued “upon completion of performance,[*1021] when the . . . professional relationship with plaintiff end[ed]” (County of Rockland v Kaeyer, Garment & Davidson Architects, 309 AD2d 891, 891 [2003]; see Parsons Brinckerhoff Quade & Douglas v EnergyPro Constr. Partners, 271 AD2d 233, 234 [2000]; see also Barbieri v Shayne, Dachs, Stanisi, Corker, & Sauer, 304 AD2d 512 [2003]). Although the precise date on which the parties’ relationship ended is not clear from the record, the record establishes that the relationship ended during the year 1994. The instant action was commenced in July 1999, well beyond the three-year statute of limitations period of CPLR 214 (6), and thus the first cause of action is time-barred. We therefore modify the order accordingly. Present—Pigott, Jr., P.J., Hurlbutt, Martoche, Pine and Hayes, JJ.