Justifiable Reliance: Blind Trust is No Substitute for Due Diligence
- Jan 28 2022
By: Jeffrey M. Haber To plead a cause of action for fraud or fraud in the inducement, a plaintiff must allege facts to support the claim that he or she …
Category: Commercial Litigation
Estoppel/Ratification Principles Undermine Fraudulent Inducement Claim
- Jan 26 2022
By: Jeffrey M. Haber As readers know, we write about cases involving fraud. The articles we write almost always concern the specific elements of the claim, such as scienter and …
Answering Certified Questions From the Second Circuit, NY Court Of Appeals Holds That A Judgment Debtor’s Sole Remedies Against A Judgment Creditor Whose Collection Efforts Violate Article 52 of the CPLR Are Found Within Article 52 – Tort Remedies Are Unavailable
- Jan 21 2022
By Jonathan H. Freiberger Article 52 of the CPLR addresses the enforcement of money judgments. In the most simplistic terms, Article 52 addresses the property of a judgment debtor that …
Don’t Let Undue Delay Cause You to Lose Your Interest in Interest
- Jan 14 2022
By Jonathan H. Freiberger A significant part of a mortgage foreclosure action is the calculation of the sums due and owing to the lender. The task of computing the amount …
Fraud Notes: Fraudulent Inducement With Duplication on Top
- Jan 12 2022
By: Jeffrey M. Haber Yesterday, the Appellate Division, First Department decided three cases involving claims for fraudulent inducement. We examine each of these cases below. Artemus USA LLC v. Leila Taghinia-Milani …
Update: Broad Releases and The Duplication Doctrine
- Jan 10 2022
By: Jeffrey M. Haber Last April, this Blog wrote about Sodhi v. IAC/InterActiveCorp, 2021 N.Y. Slip Op. 31220(U) (Sup. Ct., N.Y. County Apr. 8, 2021) (here), an action to recover money …
The Second Department Decided an Issue Under CPLR 3215(c) Addressed by it For the First Time
- Jan 7 2022
By Jonathan H. Freiberger On January 5, 2022, the Second Department decided Citibank, N.A. v. Kerszko. The appeal in Citibank raised numerous “interesting and unusual issues,” but the focus of …
More RPAPL 1304 Cases
- Jan 3 2022
By Jonathan H. Freiberger This Blog’s December 17, 2021, article entitled: “Second Department Holds that Envelopes Containing Pre-Foreclosure Notices to Borrowers Pursuant to RPAPL 1304 Cannot Contain Any Other Notices …
Out-Of-Pocket Damages, Intent to Deceive and The Business Judgment Rule
- Dec 29 2021
By: Jeffrey M. Haber To allege a cause of action based on fraud, plaintiffs must assert “a misrepresentation or a material omission of fact which was false and known to …
