Wills, Promises to Perform, Representations to Third Parties and Loss Causation
- Dec 8 2021
By: Jeffrey M. Haber As readers of this Blog know, one of the elements of a fraud claim is reliance. In the typical case, the defendant makes a false or …
Category: causation
Q: What Do Get When You Add a Failure to Plead Justifiable Reliance, Loss Causation and a Duty Independent of a Contract? A: Dismissal of a Fraud Claim
- Jun 9 2021
In P & HR Solutions, LLC v. Ram Capital Funding, LLC, 2021 N.Y. Slip Op. 03554 (1st Dept. June 8, 2021) (here), the Appellate Division, First Department was faced with …
Failure to Plead Loss Causation Spells Dismissal of Fraud, Negligent Misrepresentation and GBL 349(h) Claims
- May 28 2020
In prior posts (e.g., here and here), we have discussed the importance of pleading loss causation in fraud and fraud-related actions. Where causation is an issue, the cases show that …
Update: First Department Affirms the Denial of Summary Judgment in Norddeutsche Landesbank Girozentrale v. Tilton
- Dec 18 2019
In August of this year, this Blog wrote about Norddeutsche Landesbank Girozentrale v. Tilton, 2019 N.Y. Slip Op. 32470(U) (Sup. Ct., N.Y. County Aug. 20, 2019) (here), a case involving …
Fraud Shorts: Pleading Deficiencies, Duplication of Claims, Respondeat Superior and Apparent Authority
- Dec 4 2019
Decision day in the Appellate Division, First Department involved several cases in which the Court addressed allegations of fraud or fraudulent inducement. Many of the cases focused on the elements …
Second Department Addresses Proximate Cause Element of Fraud Claim, Finding Issues of Fact Sufficient to Deny Summary Judgment Motion
- Oct 3 2019
In New York, to plead (and prove) a fraud claim, a plaintiff must demonstrate the following: “a misrepresentation or a material omission of fact which was false and known to …
So Many Fraud Issues. So Little Space to Write About Them
- May 1 2019
This Blog has strived to highlight cases and issues that may be of interest to our readers. Sometimes, however, a case involves so many issues it is hard to isolate …
