Rodriguez v. It's Just Lunch, Int'l

7 Citing cases

  1. Kakarla v. Penakalapati

    551 F. Supp. 3d 70 (W.D.N.Y. 2021)   Cited 1 times

    On these facts, Plaintiff cannot maintain his claim of fraud. See, e.g.,Rodriguez v. It's Just Lunch, Int'l , No. 07 CIV. 9227 SHS, 2013 WL 1749590, at *4 (S.D.N.Y. Apr. 23, 2013) ("Because Rodriguez's sworn testimony demonstrates that she did not rely on any misrepresentation of defendants, her fraudulent inducement claim must be dismissed."); Dyke v. Peck , 279 A.D.2d 841, 843, 719 N.Y.S.2d 391 (3d Dep't 2001) (affirming grant of summary judgment on fraud claim because it was "clear from the record" that the plaintiff did not rely on the defendant's purported false representation). Defendants’ request for summary judgment is granted as to Plaintiff's claim of fraud.

  2. Martell Strategic Funding LLC v. Am. Hosp. Acad.

    12-CV-627 (VSB) (S.D.N.Y. Feb. 14, 2019)   Cited 8 times

    (TBE Opp. 20.) "[A] claim for unjust enrichment is not duplicative of a breach of contract claim where the plaintiff alleges that the contracts were induced by fraud," Rodriguez v. It's Just Lunch, Int'l, No. 07 Civ. 9227(SHS), 2013 WL 1749590, at *5 (S.D.N.Y. Apr. 23, 2013) (quoting Pramer S.C.A. v. Abaplus Int'l Corp., 907 N.Y.S.2d 154, 161 (1st Dep't 2010)); see also Lefkowitz v. Reissman, No. 12 Civ. 8703(RA), 2014 WL 925410, at *12 (S.D.N.Y. Mar. 7, 2014) (noting that fraudulent inducement claim rendered controlling contract "potentially voidable"). Accordingly, Defendants' motion for summary judgment as to TBE's unjust enrichment claim is denied.

  3. Rodriguez v. It's Just Lunch Int'l

    07-cv-9227 (SHS) (S.D.N.Y. Aug. 6, 2018)   Cited 10 times   1 Legal Analyses
    Holding that under Shady Grove, class-wide recovery of statutory damages under New York GBL section 349(h) is permissible in federal class actions

    After discovery closed in December 2010, (see Order, Doc. 127), the Court denied plaintiffs' motion for partial summary judgment and granted in part and denied in part defendants' cross-motion for partial summary judgment. Rodriguez v. It's Just Lunch, Int'l, No. 07-CV-9227, 2013 WL 1749590, at *2-3 (S.D.N.Y. Apr. 23, 2013) ("2013 Summ. J."). Defendants sought to appeal from that summary judgment ruling, (Notice of Appeal, Doc. 168), but subsequently voluntarily withdrew the appeal, (see Mandate, Doc. 183).

  4. Chen-Oster v. Goldman, Sachs & Co.

    10 Civ. 6950 (AT) (JCF) (S.D.N.Y. Aug. 3, 2015)   Cited 11 times
    Observing that intervention is "commonly granted to absent class members" who could be bound by a judgment

    Indeed, it is common to permit intervention in a class action in order to cure some deficiency in the ability of the named plaintiffs to represent the class. See Rogers v. Paul, 382 U.S. 198, 199 (1965) (per curiam) (allowing new class members to join action where original plaintiffs' claims were, or would shortly be, moot); Rodriguez v. It's Just Lunch, International, No. 07 Civ. 9227, 2013 WL 1749590, at *1, 3 (S.D.N.Y. April 23, 2013) (allowing intervention where original named plaintiff barred by statute of limitations from asserting one claim); New Jersey Carpenters Health Fund, 2010 WL 5222127, at *2, 7 (permitting intervention where original plaintiff lacked standing as to some claims because he had not purchased securities in certain offerings). A. Timeliness

  5. Cereus Prod. Dev., Inc. v. Boom LLC

    14 Civ. 4292 (PAC) (S.D.N.Y. Jun. 5, 2015)   Cited 9 times
    Denying a motion to dismiss because "[t]he complaint clearly alleges that Defendants spoke to [the third party], pitched their business based on information improperly gleaned from Plaintiff, and made misleading statements regarding the stability of Plaintiff's business"

    The case relied upon by Plaintiff to support the argument that an unjust enrichment claim is not duplicative where the allegation is that the contract was induced by fraud, Pl. Mem. at 23, cites only to a case where the enforceability of the contract was challenged. See Rodriguez v. It's Just Lunch, Int'l, 2013 WL 1749590, at *5 (S.D.N.Y. Apr. 23, 2013) (citing Pramer S.C.A. v. Abaplus Int'l Corp., 907 N.Y.S.2d 154,161 (N.Y. App. Div. 1st Dep't 2010)). Plaintiff urges the Court to allow the unjust enrichment claim to survive because "Defendants seek to have it both ways by simultaneously asserting that the MCA governs the parties' dispute, while denying that the agreement prohibits" Defendants' alleged conduct, and that "[s]hould it be determined that the MCA does not apply, Plaintiff could still recover its losses under a quasi-contract theory of unjust enrichment."

  6. Tropical Sails Corp. v. Yext, Inc.

    No. 14 Civ. 7582 (JFK) (S.D.N.Y. May. 18, 2015)   Cited 9 times

    New York courts have, however, permitted an exception to this rule, such that "a claim for unjust enrichment is not duplicative of a breach of contract claim where the plaintiff alleges that the contracts were induced by fraud." Rodriguez v. It's Just Lunch, Int'l, No. 07 Civ. 9227, 2013 WL 1749590, at *5 (S.D.N.Y. Apr. 23, 2013) (quoting Pramer S.C.A. v. Abaplus Int'l Corp., 907 N.Y.S.2d 154, 161-62 (N.Y. App. Div. 2010)); see also Chigirinskiy v. Panchenkova, No. 14 Civ. 4410, 2015 WL 1454646, at *18 (S.D.N.Y. Mar. 31, 2015) ("[U]njust enrichment may be pleaded in the alternative to breach of contract."). Moreover, a quasi-contract claim may be asserted, notwithstanding the existence of a contract between the parties, where the complained-of conduct falls outside the scope of that contract.

  7. Guillory v. Ellis

    9:11-CV-600 (MAD/ATB) (N.D.N.Y. Jul. 23, 2014)   Cited 1 times

    Robinson v. Henschel, No. 10 Civ. 6212, 2014 WL 1257287, at *8 (S.D.N.Y. March 26, 2014) (citing inter alia Wechsler v. Hunt Health Sys., Ltd., 198 F. Supp. 2d 508, 514 (S.D.N.Y. 2002)). See also Rodriguez v. It's Just Lunch, Internat'l, No. 07 Civ. 9227, 2013 WL 1749590, at *1 (S.D.N.Y. April 23, 2013) (considering cross-motions for summary judgment "[f]ollowing discovery proceedings and multiple motions to dismiss.") Defendant Ready has submitted a declaration in support of summary judgment.