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A New Jersey appeals court ruled Friday that the former girlfriend of Brooklyn Nets CEO Brett Yormark cannot sue him for allegedly failing to keep promises he made on the condition that she have an abortion.
”Under the law and public policy, there is no cause of action for terminating one’s pregnancy and then regretting the decision due to subsequent events,” the two-judge panel wrote.
Epstein, said his client and Yormark were named in lower court filings, but the appeals court used only their initials in the ruling. ”Notwithstanding the court’s opinion, it was our collective view that we brought appropriate claims that should have been recognized,” Epstein said.
A judge dismissed the case, ruling that because Yormark's promise was verbal and no lawyers were consulted, it was not enforceable.Her lawsuit claimed Yormark made malicious and fraudulent misrepresentations that induced her to have the abortion.But Superior Court Judge Alexander Carver in Hackensack dismissed the suit, finding that promises of support made in non-marital relationships are required by law to be in writing, and that both parties must be represented by attorneys at the time of the promise.Purcell sued, saying Yormark fraudulently and maliciously coerced her into terminating the pregnancy and inflicted significant emotional distress.A judge dismissed the case, ruling that because Yormark’s promise was verbal and no lawyers were consulted, it was not enforceable.