Court Holds The McCoys Were On Inquiry Notice of Defendants’ Alleged Fraud
- Nov 25 2020
Hang on Sloopy was a hit song in the mid-1960s. Years later, the band that performed and recorded the song – the McCoys – claimed that they were cheated out …
Category: Commercial Litigation
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First Department Affirms Finding That Transfer of Property to Newly Created Company To Avoid Foreclosure Judgment Fraudulent For Purposes of Former DCL § 276
- Nov 23 2020
Sometimes, a case involves facts and circumstances that, on their face, lead a court to determine that a fraud was committed. Such was the case in First Franklin Fin. Corp. …
THE ADMINISTRATIVE JUDGE FOR SUFFOLK COUNTY HAS PROMULGATED NEW RULES, EFFECTIVE NOVEMBER 23, 2020, TO ADDRESS THE COURT SYSTEM’S RESPONSE TO THE RECENT SURGE IN COVID-19 CASES
- Nov 20 2020
On November 4, 2020, this Blog (the “November 4 Blog”) provided an update on the New York State Court system’s preparation for the anticipated surge in COVID-19 cases. On November …
It’s (Former) DCL Day In The Second Department (DCL §§ 273, 275 and 276 To Be Exact)
- Nov 16 2020
On April 4, 2020, the New York Uniform Voidable Transactions Act (“NYUVTA”) became effective, replacing Article 10, Sections 270-281 of the Debtor and Creditor Law (“DCL”), the State’s almost century-old …
FIRST DEPARTMENT HOLDS THAT LISTING A MORTGAGE DEBT ON A BANKRUPTCY SCHEDULE IS NOT AN ACKNOWLEDGMENT SUFFICIENT TO RESTART AN OTHERWISE EXPIRED STATUTE OF LIMITATIONS UNDER GOL 17-101 OR 17-105(1)
- Nov 13 2020
This BLOG has previously addressed issues related to Statutes of Limitations. See, among many others, [HERE], [HERE], [HERE], and [HERE]. Earlier this year, this BLOG posted “Revive A Time-Barred Claim …
Together We Stand: Court Holds Breach of Contract and Fraudulent Inducement Claims Can Stand Together
- Nov 11 2020
A “recurring question” courts in New York grapple with is whether the facts alleged in a complaint give rise to sustainable claims for both breach of contract and fraudulent inducement. …
Second Department Finds Exceptional Circumstances Sufficient To Support Fraud Claim Against Insurer
- Nov 9 2020
Disputes between an insured and insurer occur all the time. These disputes often concern whether the policy covers a certain event. Sometimes, as in AB Oil Servs., Ltd. v. TCE …
Dismissals Under 3215(c)
- Nov 6 2020
CPLR 3215(c), which encourages the prompt entry of default judgments, provides: If the plaintiff fails to take proceedings for the entry of judgment within one year after the default, the …
Court Rules That A Plaintiff Cannot Reasonably Rely on A Term Sheet That Explicitly Says The Parties Are Not Contractually Bound Until Execution of A Definitive Agreement
- Oct 30 2020
As readers of the Blog know, when it comes to fraud-based actions, we like to write about them. While many of the cases we examine fall into similar patterns, sometimes …
The Duplication of Claims Doctrine Strikes Again
- Oct 28 2020
Readers of this Blog know that, as a general matter, New York courts will not permit a fraud-based claim (i.e., fraudulent inducement) to survive a motion to dismiss when the …
