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KATO INTL. LLC v. GERARD FOX LAW, P.C.

Index No. 652468/18. Appeal No. 14070-14071. Case Nos. 2020-02891, 2020-04906.

195 A.D.3d 516 (2021)

2021 NY Slip Op 03909

Kato International LLC, Respondent, v. Gerard Fox Law, P.C., et al., Appellants.

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

Decided June 17, 2021.

Attorney(s) appearing for the Case

Gerard Fox Law, P.C., New York ( Vetone Ivezaj of counsel) and Gerard Fox Law, P.C., Los Angeles, CA ( Marina V. Bogorad , of the bar of the State of California, admitted pro hac vice, of counsel), for appellants.

The Law Offices of Dan J. Schulman PLLC, New York ( Dan J. Schulman of counsel), for respondent.

Concur—Acosta, P.J., Webber, Mazzarelli, Kennedy, JJ.

The motion court properly granted plaintiff's motion for summary judgment on its breach of lease and guaranty claims. Despite defendants' assertion of a fraud in the inducement defense, the alleged misrepresentations that the rent in the lease was below market rate and that the premises could be sublet easily, did not support a fraud claim. These alleged misrepresentations consisted of mere puffery, opinions of value, or future...

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