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SHUGRUE v. STAHL

5351. 650912/13.

156 A.D.3d 590 (2017)

65 N.Y.S.3d 709

2017 NY Slip Op 09275

EDWARD L. SHUGRUE III et al., Appellants, v. LEE STAHL et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 28, 2017.

The court erred in granting defendants summary judgment dismissing plaintiffs' fraudulent inducement claim on grounds of absence of justifiable reliance, as defendants did not raise the argument in their summary judgment motion (Baseball Off. of Commr. v Marsh & McLennan, 295 A.D.2d 73, 82 [1st Dept 2002]; Sadkin v Raskin & Rappoport, 271 A.D.2d 272

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