In a December 9, 2010 decision by Justice Ramos, the court dismissed the plaintiff’s fraud claim against the defendant law firm because: (1) the plaintiff could not establish her justifiable reliance on alleged misrepresentations that her ex-husband’s net worth statement was complete in light of a martial divorce settlement agreement which expressly carved out the plaintiff’s right to investigate representations made in that net worth statement and contemplated the existence of additional assets; and (2) the plaintiff failed to establish how the alleged omission of assets from the net worth statement caused her any out-of-pocket damages. The court also dismissed the claim that the defendant law firm violated Judiciary Law § 487 upon finding that the plaintiff failed to submit any evidence that the defendant intentionally sought to deceive the court in the divorce proceedings.
TPR Inv. Assoc., Inc. v Fischer, Sup Ct NY County, December 9, 2010, Ramos, J, Index no. 603509/07