Commercial Division Blog: Current Developments in the Commercial Divisions of the New York State Courts

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April 7, 2025 Fraudulent Inducement Insufficiently Pleaded Where Alleged Misrepresentation Is Limited To Intent To Perform Obligations That Underlie Accompanying Contract Claim
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. Read More
January 26, 2024 Court Denies Post-Summary Judgment Motion to Add Fraudulent Inducement Defense After Defendant Could Not Make A Prima Facie Showing
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