Fraudulent Inducement in Rosenzweig v. Givens

 

Law Offices of Barbara Katsos pic

Law Offices of Barbara Katsos
Image: katsosnylaw.com

Since 1997, Barbara H. Katsos has been heading of her own firm, The Law Offices of Barbara H. Katsos, PC. A member of the American Bar Association, the New York Bar Association, and the New York Women’s Bar Association, Barbara H. Katsos has successfully supported and protected many clients, including Radiah Givens, whose case is now taught in a number of business ethics classes as an example of fraudulent inducement.

In this case, an attorney named Joseph Rosenzweig took out two mortgages for Ms. Givens for a condominium that she understood was a gift, as the two were in a romantic relationship. Later, the two married, despite the fact that, unbeknownst to Givens, Rosenzweig had been married with children throughout their entire relationship.

When Givens discovered this information and her relationship with Rosenzweig soured, Rosenzweig claimed that Givens owed him money for the mortgages, even though he had been paying most of Givens’ household expenses for years. Rosenzweig had induced Givens to sign mortgage papers and a letter from an attorney, a close friend of his, indicating that the money was a loan.

However, the fact that Rosenzweig was a lawyer, that he was 19 years older than Givens, that she was a student at the time, and that he misrepresented himself as a single man when they married, were facts that pointed to the possibility that the signatures of Ms. Givens were fraudulently induced. The court ruled in her favor.

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