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Gerard Fox Law PC v. Vortex Grp.

Law Firm Granted Dismissal of Ex-Real Estate Broker's Counterclaim for Fraud

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The following e-filed documents, listed by NYSCEF document number (Motion 002) 43, 44, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59 were read on this motion to/for DISMISS.DECISION AND ORDER  This is an action for breach of fiduciary duty, fraud, negligent misrepresentation, and professional negligence brought by Gerard Fox Law, P.C. (Gerard Fox) against its former real estate broker, the Vortex Group, LLC (Vortex). Vortex asserts counterclaims for fraud and violation of Judiciary Law §487. Gerard Fox moves pursuant to CPLR §§3016 and 3211 (a) (7) to dismiss Vortex’s counterclaims in their entirety. For the reasons set forth below, the motion is granted. FACTS RELEVANT TO THE MOTIONGerard Fox is a Los Angeles-based law firm that was looking to expand into New York City when, in the Fall of 2015, it engaged the services of Vortex to assist with its search for suitable office space (Complaint,

1-2). Vortex is a commercial real estate advisory firm with a particular expertise in helping law firms lease office space (id.,1). Gerard Fox enlisted Vortex’s services to find “a small starter office in Mid-town with five or six offices, a conference room and one or two secretarial bays” (id.,9). When Gerard Fox initially hired Vortex for this purpose, it informed Vortex that its budget was $28,000 per month (id.). Shortly thereafter, Gerard Fox indicated to Vortex that it had increased its budget to $30,000 per month (id.). Gerard Fox alleges that Vortex produced an initial report on September 24, 2015 presenting only properties that were outside of Gerard Fox’s budget (id.,11).In its answer and counterclaims, Vortex alleges that, of the twelve spaces that it presented to Gerard Fox in its initial report, only two were outside of its budget (Counterclaim,

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