Fraud Claim Held Not Duplicative of a Single Page Contract
- Jan 14 2024
By: Jeffrey M. Haber A common theme in commercial litigation is the assertion of a breach of contract claim and a fraudulent inducement claim. A plaintiff claiming a breach of …
Category: Business Litigation
The Special Facts Doctrine and Loss Causation
- Jan 10 2024
By: Jeffrey M. Haber In many of the fraud cases that we examine, the plaintiff alleges that the defendant made an affirmative misrepresentation of fact upon which he/she relied. As we …
The Fiduciary Duty of Candor, Fraudulent Inducement and No-Reliance Clauses
- Jan 7 2024
By: Jeffrey M. Haber It is often said that a fiduciary owes the duties of care, loyalty and candor to the person with whom the fiduciary has a relationship. The …
Settlement Agreement Found To Be an Instrument for The Payment of Money Only Sufficient to Grant Summary Judgment In Lieu of Complaint
- Dec 27 2023
By: Jeffrey M. Haber In past articles, we have examined a motion under CPLR § 3213 (see, e.g., here, here, here, here, and here). CPLR § 3213 is a procedural …
Breach of Contract, Statute of Limitations and the Continuing Wrong Doctrine
- Dec 20 2023
By: Jeffrey M. Haber A recurring question that courts and litigants often encounter is how to apply the continuing wrong doctrine to a statute of limitations. Statutes of limitations restrict the time …
Fraudulent Inducement: Settlement Agreements, Releases, and No Reliance Clauses
- Dec 18 2023
By: Jeffrey M. Haber In Columbia Consultants, LLC v. Danucht Entertainment, LLC, 2023 N.Y. Slip Op. 06439 (1st Dept. Dec. 14, 2023) (here), the Appellate Division, First Department addressed the …
Pleading Reasonable Reliance Is “Always Nettlesome”
- Dec 4 2023
By: Jeffrey M. Haber In TD Bank, N.A. v. Keenan, 2023 N.Y. Slip Op. 06158 (2d Dept. Nov. 29, 2023) (here), the Appellate Division, Second Department examined the often “nettlesome” …
Second Department Dismisses Action for Specific Performance Because Contractual Conditions Were Not Satisfied
- Dec 1 2023
By Jonathan H. Freiberger Many times, remedies for the breach of a contract other than monetary damages are necessary to make a plaintiff whole. One such remedy is specific performance …
Third-Party Beneficiaries and Contract Interpretation
- Nov 29 2023
In Stagen v. Neu, 2023 N.Y. Slip Op. 06105 (1st Dept. Nov. 28, 2023) (here), the Appellate Division, First Department addressed an issue of contract interpretation involving a word in …
Group Pleading, Failure to Plead Fraud with Particularity and Duplication: A Dismissal Trifecta
- Nov 27 2023
By: Jeffrey M. Haber As we have often explained in the articles in which we have examined fraud claims, to withstand a motion to dismiss, the plaintiff must plead fraud …
