Scott Mollen Misrepresentation, Harassment and Fraudulent Inducement: This Week in Scott Mollen's Realty Law Digest
Scott Mollen discusses "179-94 St. LLC v. Hassan," where the parties' broad release precluded a lawsuit for alleged misrepresentation in a property sale, "Roldan v. 11610 14 Rd. LLC," where the court awarded damages to a tenant living without running water, and "Eastern Effects, Inc. v. 3911 Lemmon Ave. Assoc.," where a settlement provision barred a commercial tenant's fraudulent inducement claim.
January 03, 2023 at 01:11 PM
14 minute read
Real EstateContracts—Broad Release Bars Lawsuit Against Seller and Its Attorney Based On Alleged Misrepresentations With Respect to the Sale of Property—Extrinsic Evidence Inadmissible Since Release Language Was Clear and Unambiguous
A plaintiff LLC purchased a building from defendant seller (seller) on Oct. 6, 2014. An individual plaintiff is a member of the owner LLC. Another plaintiff is the net lessee of the building.
After the plaintiff LLC (plaintiff) purchased the building, it learned that a unit occupied by defendant "A" had been leased pursuant to a 15-year lease with the seller, a month before the sale.
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Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
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Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
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