Breach of Contract and the Faithless Servant Doctrine
- Mar 17 2021
Today, we examine Two Rivers Entities, LLC v. Sandoval, 2021 N.Y. Slip Op. 01527 (1st Dept. Mar. 16, 2021) (here), a case involving breach of contract and the faithless servant …
Today, we examine Two Rivers Entities, LLC v. Sandoval, 2021 N.Y. Slip Op. 01527 (1st Dept. Mar. 16, 2021) (here), a case involving breach of contract and the faithless servant …
It has long been the law in New York that a party’s disclaimer of reliance on extra-contractual representations and omissions will not preclude a fraudulent inducement claim unless: (1) the …
Disclosure in New York State court litigation is governed by Article 31 of the Civil Practice Law and Rules. In general, there “shall be full disclosure of all matters material …
In the past, this Blog has examined cases in which the plaintiff brings a breach of contract claim and fraud claim in the same proceeding. [E.g., here, here, here, and …
“Summary judgment is a judgment entered by a court for one party and against another party without a full trial.” (Here.) The motion is designed to avoid unnecessary trials – …
Many times, the applicable statute of limitations expires during the pendency of an already commenced action. No problem – right?, While generally speaking such an occurrence should not be a …
Concealment of material information and market manipulation. Both forms of improper conduct were on display in Securities and Exchange Commission v. Airborne Wireless Network, 21-cv-01772 (S.D.N.Y.) (here), a case we …
“You can’t have fraud if you disclose it,” said the motion court in Ibarrondo v. Evans, 2020 N.Y. Slip Op 30051(U) (Sup. Ct., N.Y. County Jan. 6, 2020) (here), aff’d, …
Frequently, the first question asked by a potential client when consulting about a new litigation matter is “can we sue them for our legal fees.” Clients are often dismayed to …
As the title of this article suggests, there are times in litigation where the facts simply do not support a claim or defense advanced by one or more of the …