amount demanded otherwise denied and the remainder of In accordance he - PDF document

amount demanded otherwise denied and the
amount demanded otherwise denied and the remainder of In accordance herewith, is hereby: motion is granted only the extent that plaintiff is entitled to on the first cause action against is further hereby directed favor of plaintiff Sandra Guja against defendant Woodlands International, amount demanded in is further the motion is otherwise denied; and the complaint is hereby severed and dismissed. not expressly addressed herein has nonetheless been the court is hereby denied constitute the York, New to sign the [Contract] tender the the $36,0001.” To state a cause of action for fraud, plaintiff must show: material omission that the fact was or known to reasonable or justifiable reliance; resulted in injury to plaintiff.

Held (1998); Vasquez v. (1st Dept the b
Held (1998); Vasquez v. (1st Dept the bare-bone facts the complaint, the court cannot Woodland or misrepresentation that it owned the right reasonable or justifiable under circumstances. See Serin0 v. Lipper, (1st Dept it states that of the and that Woodlands escrow agent, establish a of action fraud against Cohen, nor she entitled damages thereby. Moreover, the cannot award plaintiff the relief seventh paragraph the complaint, with respect plaintiff refers therein. Accordingly, is hereby and dismissed. her first cause of action have sufficiently pled, and is no these damages. the extent that a default Woodlands on the first cause of for breach of contract. the event the contract has been executed in this event the Seller&#

146;s counsel. (Woodlands) honours (sic)
146;s counsel. (Woodlands) honours (sic) obligations as stated herein, (Woodlands) shall deemed to have satisfied all it’s (sic) obligations and Purchaser with further recourse either Seller Plaintiff has provided “Affidavit of Merits” wherein she have read and reviewed the Complaint which verify as true and my Attorney’s based upon personal knowledge this Affidavit every fact, as set both the Complaint and my Attorney’s on the foregoing, plaintiff demonstrated a contract against Woodlands. Plaintiff not, however, established she entered a contract with Cohen, his individual capacity, therefore a contract claim does not lie Cohen. Accordingly, plaintiff a default on her first of action, plaintiff clai

ms Defendants each falsely represented t
ms Defendants each falsely represented that they owned the Parcel represented that the right to falsehoods induced to sign the (contract) and to tender financial detriment, the amount of Said conduct constitutes fraud. of the aforesaid conduct done with entitling the punitive damages the amount The wrongful withholding also constitutes grounds revocation of licenses held by the claim for fraud arises from the defendants’ false representations “they owned” a Cooperative apartment B, New York, New York and had the right to asserts that Industries U.S.A.. Inc., 242 AD2d 227 227 Dept 19971; and CPLR 5 3215 [f]) or a complaint verified by a person with actual knowledge of facts surrounding the claim 234 AD2d AD2d D

eptl9961; and and )Plaintiff has asserte
eptl9961; and and )Plaintiff has asserted and Cohen: Cohen: breach of contract; contract; fraud. Plaintiff claims that on or about September 11, a “Real Estate Deal Memorandum Binder” (the “Contract”) cooperative apartment at 175 Apartment 1 the seller. Under the property deposit to as Escrow Contract as President President to the terms of the (Contract), (she) demanded return of the Deposit, namely but all Defendants failed and return said order to state action for breach contract, the pleading must allege the existence of a valid and enforceable agreement, due performance by plaintiff, failure of performance defendant, resulting in damages (see Furia Furia, 116 AD2d AD2d Dept 19861). The contract provide

s the event dispute, both Seller and Pur
s the event dispute, both Seller and Purchaser shall agree that by executing this MemorandumlBinder, this event the Down Payment will returned to to providing a contract of sale has not entered into, purportedly verified, actually contain personal knowledge the facts Accordingly, the summons and complaint upon Therefore, since the court this action, there no need for plaintiff to since plaintiff has not served with the summons and within the the CPLR, requested an of her severed and dismissed. Plaintiff has also clarified the service summons and complaint individual defendant, and complaint Cohen’s door several diligent attempts to personally provided proof additional copy summons and complaint the additional service re

quired under (9). Therefore, defaulted i
quired under (9). Therefore, defaulted in this action. Plaintiff has also provided proof summons and Woodlands pursuant LLC Law this action. Plaintiff is entitled to action. Gaqen v. Kipanv Productions Ltd., A default in answering the complaint factual allegations therein the reasonable inferences which may be made made Optical Co.. Inc. v. Camera NY2d 728 judgment must facts made the facts surrounding the claim (Zelnick ENTERPRISES, INC., INTERNATIONAL, LLC and No.: 116810/08 J. Gische required by 2219 [a], the papers considered in the review [d j/mt] w/JD affirm, exhs . . . . . the foregoing decision and order This is an action for a real estate contract and moves to renew motion pursuant 3215, for directing the judgment i

n her favor Woodlands International LLC
n her favor Woodlands International LLC (“Woodlands”) and Adam Cohen the issue and setting this matter down on the issue prior motion was denied, 2009, because court in was without prejudice, permission to renew is (1st Dept has not one to renew the prior motion, the will treat DEFAULT JUDGMENT $QVZHUOQJ$IILGDYLWVGuja v H.D. Enters, Inc.2009 NY Slip Op 32149(U)September 17, 2009Supreme Court, New York CountyDocket Number: 116810/08Judge: Judith J. GischeRepublished from New York State Unified CourtSystem's E-Courts Service.Search E-Courts (http://www.nycourts.gov/ecourts) forany additional information on this case.This opinion is uncorrected and not selected for officialpublicatio