In order to establish fraud, a plaintiff must show “a material misrepresentation of a fact, knowledge of its falsity, an intent to induce reliance, justifiable reliance by the plaintiff and damages” (Eurycleia Partners, LP v Seward & Kissel, LLP, 12 NY3d 553, 559; see Channel Master Corp. v Aluminium Ltd. Sales, 4 NY2d 403, 407).