Morrison Mahoney Partners Brian Heermance and Chris Keenoy recently prevailed on their motion for summary judgment dismissing plaintiff’s Complaint in Supreme Court Kings County.
In his Complaint, plaintiff alleged causes of action for negligence, fraud, and conspiracy to commit fraud in connection with an alleged wrongful eviction. Brian and Chris successfully argued that defendant owed plaintiff no legal duty and absent a legal duty there could be no breach and no liability. Additionally, Brian and Chris successfully argued that plaintiff could not establish the elements of fraud or conspiracy to commit fraud as there were no materially false representations which were detrimentally relied upon by plaintiff and his conclusory allegations failed to establish a conspiracy.