The plaintiff mortgage brokerage brought a motion for summary judgment against the corporate defendant and its CEO for unpaid brokerage fees.
The CEO had fraudulently misrepresented to the plaintiff that the real estate agents on the sale of the property had agreed to reduce their commission by 50%, inducing the plaintiff to discharge its mortgage and defer its fees.
The court found the CEO personally liable for fraudulent misrepresentation and ordered both defendants to pay the full $350,000 fee plus substantial indemnity costs.