Antar Wins Motion To Dismiss Claims of Fraud and Unjust Enrichment

July 7, 2021 | Real Estate, Zoning & Land Use

Mark Antar won a motion to dismiss claims of fraudulent inducement, fraudulent misrepresentation and unjust enrichment against our client, the owner of a luxury rental property in East Hampton, New York.

The plaintiff/tenant, a Texas corporation, signed a lease to rent a large Hamptons house for the summer of 2019. After paying the security deposit, the plaintiff sought to rescind the lease on the grounds that our client, the landlord, had made false statements regarding the nature of the property and had neglected to inform the plaintiff about an alleged tick epidemic in the area, which allegedly destroyed the purpose of the lease. In dismissing the three claims, the Supreme Court, Suffolk County, credited our arguments that the plaintiff failed to comply with the strict requirements for maintaining fraud claims, including failing to allege sufficient details about allegedly false statements made during lease negotiations. The Court also agreed with our argument that the plaintiff’s unjust enrichment claim fails in light of our proof that the parties had entered into a valid and enforceable contract.

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