Hardy Way, LLC v Yap, 2024 NY Slip Op 00376 [223 AD3d 617]
January 30, 2024
Appellate Division, First Department
[*1]
Hardy Way, LLC, Respondent,
v
Kevin Yap, Appellant.
Lazarus & Lazarus, P.C., New York (Harlan M. Lazarus of counsel), for appellant.
Blank Rome LLP, New York (Andrew Hambelton of counsel), for respondent.
Judgments, Supreme Court, New York County (Melissa Crane, J.), entered October 27, 2022, and November 15, 2022, awarding money judgments in plaintiff’s favor, and bringing up for review an amended order and order, same court and Justice, entered October 25, 2022, and on or about October 31, 2022, respectively, which granted plaintiff summary judgment and dismissed defendant’s counterclaim for fraudulent inducement, and granted in part plaintiff’s motion for attorneys’ fees, unanimously affirmed, with costs. Appeals from aforesaid orders, unanimously dismissed, without costs, as subsumed in the appeals from the judgments.
This appeal raises identical issues to those before us in a related action, Supply Co., LLC v Hardy Way, LLC (223 AD3d 444 [1st Dept 2024]). We affirm the judgments against defendant Yap on this appeal for the same reason we affirmed the judgments against Yap’s company, Supply Co. LLC, on the previous appeal. As in the first appeal, the issue presented is narrow—the application of the special facts doctrine in connection with defendant’s claim that he was fraudulently induced to enter into a license agreement and guarantee with plaintiff. As we previously found, defendant fails to show that plaintiff’s superior knowledge of unrelated alleged criminal conduct by plaintiff’s former executives rendered the license agreement and the corresponding guarantee “inherently unfair” such that the special facts doctrine would apply ( see Jana L. v West 129th St. Realty Corp. , 22 AD3d 274 , 278 [1st Dept 2005]; see also Solomon Capital, LLC v Lion Biotechnologies, Inc. , 171 AD3d 467 , 469 [1st Dept 2019]).
We have considered defendant’s remaining arguments and find them unavailing. Concur—Webber, J.P., Friedman, González, Shulman, Pitt-Burke, JJ..