NEW YORK, April 17, 2026 /PRNewswire/ — Oved & Oved LLP secured a decisive appellate victory on behalf of its client after the Appellate Division, First Department unanimously reversed a lower court ruling and dismissed in its entirety a complaint alleging fraudulent inducement in connection with a Manhattan real estate transaction.

The case, ABJ 105 LLC v. Gladys Martinez, Index No. 650810/23, arose from a 2017 sale of property in Manhattan. The plaintiff brought suit alleging that defendant fraudulently induced it to purchase the property by misrepresenting the tenancy status of certain apartments in the building. The plaintiff sought damages, including recovery of the multi-million-dollar purchase price.

Following the Supreme Court, New York County’s denial of the firm’s motion to dismiss the complaint, Oved & Oved appealed this decision and, in a unanimous decision entered April 16, 2026, the five-justice Appellate Court panel unanimously and completely reversed the lower court’s order, granted the motion to dismiss in full, and dismissed the complaint in its entirety. 

In doing so, the First Department held that the documentary evidence “conclusively refutes the cause of action for fraudulent inducement” under CPLR 3211(a)(1). The Court emphasized that the parties’ purchase and sale agreement contained a merger clause incorporating a schedule that set forth “the actual rents billed by [the defendant] to the tenants of the premises,” and that the plaintiff had agreed to purchase the property “as is” and “where is”. The Court further held that even if the complaint were not barred by the documentary evidence, the lower court should still have dismissed it for failure to sufficiently plead all the elements of a cause of action for fraudulent inducement.

“We are gratified that the First Department recognized what was clear from the outset — that plaintiff’s claims were entirely without merit and contradicted by the very documents it signed at closing,” noted Terrence A. Oved and Glen Lenihan of Oved & Oved LLP. “This outcome reflects our firm’s unwavering commitment to vigorously defending our clients and holding opposing parties accountable when they pursue baseless litigation. Our client can now put this matter behind them with the knowledge and satisfaction of being completely vindicated.”

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SOURCE Oved & Oved LLP