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 …
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Disclaimer of Liability and No Reliance on Representation Clauses Revisited
- Mar 15 2021
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 …
SECOND DEPARTMENT UPHOLDS DISMISSAL OF DEFENDANT’S COUNTERCLAIMS AND PRECLUSION OF CERTAIN EVIDENCE AS A SANCTION PURSUANT TO CPLR 3126 FOR DISCOVERY ABUSES
- Mar 12 2021
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 …
Fraud Complaint That Seeks Damages Different From Contract Found Not To be Duplicative of Contract Claim
- Mar 10 2021
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 …
Promissory Notes and Summary Judgment in Lieu of A Complaint
- Mar 8 2021
“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 – …
The Saving Provisions of CPLR 205(a)
- Mar 5 2021
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 …
Enforcement News: SEC Charges Seven Individuals and A Technology Company for Perpetrating A Scheme to Gain Control of a “Penny Stock” Company and Defraud Investors
- Mar 3 2021
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 …
Fraud and the Effort to Obtain an E-2 Visa
- Mar 1 2021
“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, …
“Can I Sue ‘em For My Legal Fees?”
- Feb 26 2021
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 …
Sometimes The Facts Are Just Not On Your Side
- Feb 24 2021
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 …
