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LAND `N SEA INC. v. THREAD COUNSEL, INC.

Index No. 653551/20. Appeal No. 15438. Case No. 2021-04081.

203 A.D.3d 435 (2022)

160 N.Y.S.3d 611

2022 NY Slip Op 01394

Land `N Sea Inc., Appellant, v. Thread Counsel, Inc., Doing Business as Laws of Motion, et al., Respondents.

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

Decided March 3, 2022.

Attorney(s) appearing for the Case

Grossman LLP, New York (Judd B. Grossman of counsel), for appellant.

Squire Patton Boggs (US) LLP, New York (Sarah K. Rathke of the bar of the State of Ohio, admitted pro hac vice, of counsel), for respondents.

Concur—Renwick, J.P., Gesmer, Moulton, Rodriguez, Pitt, JJ.

The motion court correctly dismissed the fraudulent inducement claim against defendants Thread Counsel, Inc. doing business as Laws of Motion, and its CEO Carly Bigi. As to the cause of action against Bigi, corporate officers may be held liable for fraud if they participated in it (Pludeman v Northern Leasing Sys., Inc., 10 N.Y.3d 486, 491 [2008]). However, the facts alleged do not support the claim that Bigi misrepresented or omitted...

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