Rodriguez v. It's Just Lunch


New York Law Journal


Justice Leslie Stein

In a class suit against matchmaking service It's Just Lunch (ILJ), plaintiffs claimed fraudulent inducement into contracting with ILJ, unjust enrichment, and ILJ's violation of New York General Business Law (GBL) §349. Only partly adopting a magistrate judge's recommendations, the court allowed nonparty Berkowitz to intervene to assert a GBL §349 claim. It further denied plaintiffs summary judgment, and granted ILJ judgment over claims by plaintiff Rodriguez. Rodriguez's own GBL §349 claims could not proceed because she contracted with ILJ more than three years before plaintiffs' October 2007 complaint. Berkowitz's 12-month contract with ILJ was entered in March 2006, within the limitation period. Although other plaintiffs provided adequate evidence on the five elements of a fraudulent inducement claim to go to a jury, the court agreed with ILJ that Rodriguez provided insufficient facts supporting a conclusion that she relied on ILJ's representations that there were appropriate matches in its databases for her. Given that the other plaintiffs' breach claims asserted fraudulent inducement the court, citing Pramer v. Abaplus Int'l., ruled that apart from Rodriguez, their unjust enrichment claims could proceed.

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