You searched for: "Fraudulent Inducement"
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November 19, 2025
Summary Judgment Denied Due To Issues Of Fact Concerning Reliance/Statements About Financing
Written by:
Joshua Wurtzel, Jeffrey M. Eilender, Thomas A. Kissane, Channing J. Turner, Samuel L. Butt
On October 3, 2025, Justice Melissa A. Crane found that questions of fact concerning the parties’ statements, understandings and intent required denial of defendants’ motion for summary judgment on fraud-based claims. The case is Chan v. Havemeyer Holdings LLC, Index No. 652359/2022. Read More
October 22, 2025
Lender’s Dismissal Of Claims Against Guarantor Requires Dismissal Of Guarantor’s Related Third-Party Fraudulent Inducement Claim
Written by:
Jeffrey M. Eilender, Joshua Wurtzel, Samuel L. Butt, Channing J. Turner, Thomas A. Kissane
On September 16, 2025, Justice Joel M. Cohen held that the voluntary dismissal of a note holder’s claim against Harvey Weinstein as guarantor warranted dismissal of a third-party complaint by Weinstein alleging fraudulent inducement. The case is AI International Holdings v. Weinstein, Index No. 656864/2017. Read More
April 7, 2025
Fraudulent Inducement Insufficiently Pleaded Where Alleged Misrepresentation Is Limited To Intent To Perform Obligations That Underlie Accompanying Contract Claim
Written by:
Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. Turner
On February 28, 2025, in Martha Stewart Living Omnimedia, LP v. Snow Joe LLC Index No. 653155/2023, Justice Andrea Masley dismissed a counterclaim and affirmative defense alleging fraudulent inducement asserted by Snow Joe LLC (“Snow Joe”), a licensee of Martha Stewart Living Omnimedia, LP (the “Licensor”), for failure to allege misrepresentations of present fact.
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January 26, 2024
Court Denies Post-Summary Judgment Motion to Add Fraudulent Inducement Defense After Defendant Could Not Make A Prima Facie Showing
Written by:
Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. Turner
On November 27, 2023, Justice Joel M. Cohen denied a motion brought by the defendant to amend its pleadings to add a new fraudulent inducement defense before renewing its motion for summary judgment in light of that new defense. The decision in Thomas O’Connor et al. v. Society Pass Incorporated, Index No. 656938/2019, indicated openness to the general procedure for amendment and renewal but found that the defendant had not made the required prima facie showing that its defense met the heightened pleading standard for fraud. The Court explained: Read More
