Isabelle & Leonard Goldenson Ass'n v. Women in Film

MEMORANDUM *

The theory of the complaint is misrepresentation, not breach of a condition. The complaint alleges at paragraphs 7 and 8 that Women in Film, through its president, Iris Grossman, told the Isabelle and Leonard Goldenson Association, Inc., three things that “were in fact false”: (1) Women in Film would create an endowment fund and would retain the $100,000 in it; (2) Women in Film would raise substantial additional contributions for the endowment fund; and (3) the Entertainment Industry Council would soon make a substantial grant, as much as $10 million, to Women in Film, which Women in Film would deposit into the endowment fund. The complaint says that Women in Film had no reasonable grounds to believe these three representations to be true “at the time.” Thus, the donor is not alleging that Women in Film subsequently did not do what it promised to do and therefore the gift should revert. Rather, the donor is alleging that Women in Film made three representations about its intentions, all three of which were false at the time they were made. This theory of the complaint requires, if we are to affirm the summary judgment, that there be no genuine issue of material fact…