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COHEN v. COHEN

Index No. 304633/18. Appeal No. 16386. Case No. 2021-03389.

209 A.D.3d 461 (2022)

174 N.Y.S.3d 847

2022 NY Slip Op 05657

Matthew D. Cohen, Appellant, v. Cortney B. Cohen et al., Respondents.

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

Decided October 11, 2022.

Attorney(s) appearing for the Case

Elman Freiberg PLLC, New York (Howard I Elman of counsel), for appellant.

Advocate, LLP, New York (Jason A. Advocate of counsel), for Cortney B. Cohen, respondent.

Law Office of Peter M. Nissman, New York (Peter M. Nissman of counsel), for James Eichas, respondent.

Concur—Gische, J.P., Kern, Gesmer, Rodriguez, Pitt, JJ.

Order, Supreme Court, New York County (Lori S. Sattler, J.), entered on or about August 18, 2021, which granted defendants' motions to dismiss the second through fifth causes of action as asserted against them, unanimously affirmed, without costs.

Plaintiff's fraudulent inducement claim was correctly dismissed, as he failed to plead justifiable reliance (see Eurycleia Partners, LP v Seward & Kissel, LLP,

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