Appraisals are opinions, not facts

Collins v. Travers Fine Jewels Inc., 2017 WL 1184305,
16-CV-03780 (S.D.N.Y. Mar. 29, 2017)

Collins sued Travers
for breach of contract, violations of the Uniform Commercial Code, fraudulent
misrepresentation, negligence, fraud, unfair and deceptive trade practices, and
false advertising.  Defendants
counterclaimed, including for defamation, and the court dismissed the claims.  Travers alleged that Collins “published and
distributed inaccurate, libelous and defamatory statements as to the value of
the jewelry purchased by him over a period of time from Travers.”  His appraisals allegedly inaccurately
described the jewelry.  But “appraisals”
were statements of opinion. “Statements as to how specific jewelry pieces
should be valued cannot be ‘objectively characterized as true or false’;
instead, appraisals are understood in the ‘broader social context’ as
subjective determinations that hinge on the individual appraiser’s ability and
the methods applied to estimate the value.” 

from Blogger

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