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UNITED STATES LIFE INS. CO. v. HOROWITZ

Index No. 650221/19. Appeal No. 13365. Case No. 2020-03494.

192 A.D.3d 613 (2021)

2021 NY Slip Op 01877

The United States Life Insurance Company in the City of New York, Respondent-Appellant, v. Steven A. Horowitz et al., Appellants-Respondents, and Samuel Zevy Goldberg, Also Known as Shmuel Goldberg, Respondent.

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

Decided March 25, 2021.

Attorney(s) appearing for the Case

Meyer, Suozzi, English & Klein, P.C., Garden City ( Kevin Schlosser of counsel), for appellants-respondents.

Fishkin Lucks LLP, New York ( Steven M. Lucks of counsel), for respondent-appellant.

Barnes & Barnes, PC, Melville ( Leo K. Barnes, Jr. of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Mendez, Shulman, JJ.

The elements of a claim for fraudulent inducement are "a misrepresentation or a material omission of fact which was false and known to be false by defendant, made for the purpose of inducing the other party to rely upon it, justifiable reliance of the other party on the misrepresentation or material omission, and injury" (Lama Holding Co. v Smith Barney, 88 N.Y.2d 413, 421 [1996]). Plaintiff's reliance on a videotaped statement was...

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