SEARCH

Gerard Fox Law PC v. Vortex Grp.

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

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

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,

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

British Legal Awards 2024

November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.

Learn More

GlobeSt. Healthcare Real Estate 2024

December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!

Learn More

ThinkAdvisor LUMINARIES Awards 2024

December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.

Learn More

Associate General Counsel, Global Employment

Role TitleAssociate General Counsel, Global EmploymentGrade F13Reporting ToSenior Legal Counsel, Global EmploymentProgram/Tool/ Department/U...

Apply Now ›

Associate Attorney

Ryan & Conlon, LLP, is a boutique firm specializing in insurance defense. We are a small eclectic practice with a busy and fast paced en...

Apply Now ›

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL - NEW JERSEY OR NEW YORK OFFICESProminent mid-Atlantic law firm with multiple regional office lo...

Apply Now ›