Fraud Notes: You Win Some, You Lose Some
- May 20 2022
By: Jeffrey M. Haber In today’s Fraud Notes, we examine three decisions issued by the Appellate Division, First Department in which themes familiar to readers of this Blog are at …
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FIRST DEPARTMENT REVERSES DISMISSAL OF PERSONAL INJURY ACTION DESPITE PLAINTIFF’S PRIOR EXECUTION OF A GENERAL RELEASE
- May 18 2022
By Jonathan H. Freiberger In this Blog’s August 23, 2021, article, entitled “Second Department Finds Release Binding Despite Plaintiff’s Claim About Not Understanding the English Language”(the “Prior Article”), we discussed, …
Court Finds That Sophisticated Plaintiff Unable to Demonstrate Justifiable Reliance on Alleged Misrepresentation and Omission
- May 16 2022
By: Jeffrey M. Haber As readers of this Blog know, pleading and proving fraud is not easy. The law reporters (not to mention the pages of this Blog) are bursting …
Enforcement News: SEC Obtains TRO and Asset Freeze Against Cryptomining and Trading Company
- May 11 2022
By: Jeffrey M. Haber On May 6, 2022, the Securities and Exchange Commission (“SEC” or the “Commission”) announced (here) the filing of fraud charges against MCC International Corp. (“MCC”), which …
Press Release With a Worldwide Distribution Insufficient to Confer Personal Jurisdiction Over Defendant
- May 9 2022
By: Jeffrey M. Haber Commercial transactions very often involve parties from different states and/or different countries. One party can be domiciled in New York, for example, while the other can …
Second Department Dismisses More Complaints Due to Lenders’ Failure to Comply with RPAPL 1304 Notice Requirements in Residential Mortgage Foreclosure Actions
- May 6 2022
By Jonathan H. Freiberger The readers of this Blog know that we frequently discuss numerous aspects of residential mortgage litigation. See, e.g., [here] and the articles linked therein. A related …
Court Allows Fraud Claim To Stand With Breach of Contract Claim Despite Some Overlap in Claims
- May 4 2022
By: Jeffrey M. Haber As a general matter, a fraud claim is not duplicative of a contract claim where the plaintiff alleges misrepresentations of fact, as opposed to misrepresentations of …
Summary Judgment Denied Because Contract Not Clear and Unambiguous and Fraud Not Collateral to The Contract
- May 2 2022
By: Jeffrey M. Haber In Wilsey v. 7203 Rawson Rd., LLC, 2022 N.Y. Slip Op. 02905 (4th Dept. Apr. 29, 2022) (here), the Appellate Division, Fourth Department considered principles of …
Fourth Department Applies the Common-Law “Partial Payment Exception”, which Starts the Statute of Limitations on a Mortgage Foreclosure Action to Run Anew
- Apr 29 2022
By Jonathan H. Freiberger Statute of limitations issues frequently arises in mortgage foreclosure actions. This Blog has written extensively on a variety of issues related to mortgage foreclosure, including those …
First Department Holds Alleged Fraud Invalidates Amendment to ByLaws Requiring Exclusive Jurisdiction in Delaware
- Apr 27 2022
By: Jeffrey M. Haber New York courts favor the enforcement of forum selection clauses. They do so because they provide certainty and predictability in the resolution of disputes. [Ed. Note: …
