11185. HONUA FIFTH AVENUE LLC, plf-ap, v. 400 FIFTH REALTY LLC def-res — Brown Rudnick LLP, New York (Sigmund S. Wissner-Gross of counsel), for ap — Greenberg Traurig LLP, New York (Steven Sinatra of counsel), for 400 Fifth Realty LLC, res — Quinn Emanuel Urquhart & Sullivan, LLP, New York (Marc L. Greenwald of counsel), for Unicredit S.P.A., res ——Order, Supreme Court, New York County (Eileen Bransten, J.), entered May 24, 2013, which, insofar as appealed from as limited by the briefs, denied plaintiff’s motion to amend the complaint to add claims of fraudulent inducement and aiding and abetting fraud, and applied a 0.18 percent interest rate rather than the statutory 9 percent rate in calculating the undertaking to be posted by defendant 400 Fifth Realty LLC to cancel the notice of pendency, unanimously affirmed, with costs.
While the proposed amended complaint alleges a misrepresentation, its allegations of fraudulent intent are conclusory and lacking in details sufficient to support the claim for fraudulent inducement (see CPLR 3016[b]; Eurycleia Partners, LP v. Seward & Kissel, LLP, 12 NY3d 553, 559-560 [2009]). Plaintiff also fails to sufficiently allege injury caused by the alleged fraud. It cannot allege injury because the undertaking to be posted by defendant 400 Fifth adequately secures it from the loss of its $45 million deposit (see New York City Tr. Auth. v. Morris J. Eisen, P.C., 276 AD2d 78, 85 [1st Dept 2000] ["a cause of action for fraud cannot accrue until every element of the claim, including injury, can truthfully be alleged"]). Plaintiff’s assertion that it made material concessions during the negotiation of the terms of the Third Amended Agreement in reliance on 400 Fifth’s representation that it had invested $100 million of equity in the project is insufficient to plead injury because the alleged loss is speculative (see Lama Holding Co. v. Smith Barney, 88 NY2d 413, 422 [1996]). Absent a predicate claim for fraud, plaintiff’s claim of aiding and abetting fraud also fails (Vilar v. Rutledge, 106 AD3d 489, 490 [1st Dept 2013]).
