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438 West 20 Street LLC v. Bares

Contract Bars Fraud Claim and Obviates Any Claim That Misrepresentations Were Made

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ADDITIONAL CASESAndrew Bares and Alla Kormilitsyna, Third-Party Plaintiffs v. Thomas Vail d/b/a Vail Associates Architects, Third-Party DefendantDECISION AND ORDER In motion sequence 006, defendants Andrew Bares and Alla Kormilitsyna a/k/a Alla Bares (together, “the Bares defendants”) move for summary judgment dismissing the verified complaint in its entirety and all cross-claims brought in response to the third-party complaint against architects Thomas Vail Associates. The only claim asserted against the Bares defendants in the complaint is for fraud. For the reasons discussed below the motion shall be GRANTED. I. BACKGROUNDPlaintiff entity is a Delaware LLC and its sole principal member is attorney Douglas Davis (“Davis”) (rule 19-a Stmt

2-3, Doc. No. 241¹). The Barres defendants, formerly owned a townhouse located at 438 West 20th Street (the “Townhouse”) and conveyed it to plaintiff on January 15, 2015 pursuant to the terms of the contract (id.

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