We have often written about the justifiable reliance element of a fraud claim (e.g., here, here, here, here, and here). Though the outcome of the issue is typically fact dependent, …
It is not uncommon for parties in commercial transactions to include in their contracts a provision that limits the types of damages recoverable in the event of a breach. Typically, …
In prior posts, we examined the rules of contract formation. In our most recent post on the subject (here), we considered a case in which one of the issues before …
Recognizing the “continuing restrictions on the filing and prosecution of foreclosure matters in New York State arising during the course of the COVID-19 public health emergency,” on June 23, 2020, …
It is well settled that a plaintiff may not “dress up a breach-of-contract claim as a fraud claim.” Cohen v. Koenig, 25 F.3d 1168, 1173 (2d Cir. 1994) (internal quotation …
In Pizzarotti, LLC v. Phipps & Co., 2020 N.Y. Slip Op. 50696(U) (Sup. Ct., N.Y. County June 17, 2020) (here), Justice Gerald Lebovits of the Supreme Court, New York County, …
Just recently, we wrote about the importance of pleading fraud with particularity (here). As readers of this Blog know, when fraud is alleged, the plaintiff must plead the claim with …
As noted on numerous occasions in this BLOG, the New York State Legislature has responded to the residential foreclosure crisis by promulgating a series of rules designed to protect residential …
In today’s post we examine, SHIR Capital, LLC v. Fortress Credit Advisors LLC, 2020 N.Y. Slip Op. 31825(U) (Sup. Ct., N.Y. County June 11, 2020) (here), a case involving an …
What law should apply? In most cases, answering the question is more art than science. In contract cases, especially in complex commercial matters, the agreement at issue often (though not …
