Inc. v. Hilton Hotels Corp., No. 03 Civ. 8258 (SAS), 2004 WL 868211, at * 7 (S.D.N.Y. Apr.21, 2004). In order to establish a prima facie claim of negligent misrepresentation, a plaintiff must show reliance upon a false statement or material misrepresentation or omission made by the defendant to the plaintiff. See, Prohaska, 138 F.Supp.2d at 447; Sita, 43 F.Supp.2d at 260. Assuming that there existed a special relationship and corresponding duty on the part of CVS ProCare to provide plaintiff with correct information regarding the prescription drug it was providing him, “an issue generally not susceptible to resolution at the pleadings stage,” Century Pacific, 2004 WL 868211, at * 8 (internal quotations and citation omitted); see also Bombardier Capital, 2003 WL 22137989, at * 4 (<HOLDING>), plaintiff cannot establish the second element
holding that whether a plaintiffs reliance on defendants misrepresentations was justified is a question of fact precluding summary judgment holding it is a question of fact holding that whether the plaintiffs reliance on a negligent misrepresentation is justified generally raises a question of fact holding negligent misrepresentation sufficient holding that generally the question of waiver and estoppel is a question of fact