Justifiable Reliance: Even the Accountant Was Duped
- May 26 2021
Sometimes a fraud is so undetectable that even an expert hired to assist in due diligence activities can be the victim of fraud. That’s what happened in VXI Lux Holdco, …
Category: Commercial Litigation
Fraud Notes: A Little of This. A Little of That
- May 24 2021
As we have discussed in numerous posts, plaintiffs alleging breach of contract and fraud risk having the latter cause of action dismissed because it is duplicative of the former one. …
THE FIRST DEPARTMENT REJECTS TRUMP CORPORATION’S “AGENT FOR A DISCLOSED PRINCIPAL” ARGUMENT IN LIGHT OF RACIAL DISCRIMINATION CLAIMS MADE BY AFRICAN AMERICAN PHYSICIAN ATTEMPTING TO LEASE MEDICAL OFFICE
- May 21 2021
Frequently, individuals and entities (principals) act through agents to conduct business. When litigation arises from such business, the third parties with whom the agent interacted, often seek to hold the …
A Promise to Perform is Not the Same as A Fraud, Says the First Department
- May 17 2021
Readers of this Blog know that to state a cause of action for fraudulent inducement, the complaint must allege “that the defendant intentionally made a material misrepresentation of fact in …
VARIATIONS ON A THEME: SECOND DEPARTMENT DISMISSES COUNTERCLAIM FOR NEGLIGENT CONSTRUCTION AS DUPLICATIVE OF DEFENDANT’S BREACH OF CONTRACT COUNTERCLAIM
- May 14 2021
This Blog frequently highlights cases analyzing the viability of fraud claims when contract claims are also made. See, e.g., [here], [here], [here], [here], [here], [here]. In Michael Davis Construction, Inc. …
Different Factual Predicates and Parties Prevent Dismissal of Subsequent Action On Res Judicata Grounds
- May 12 2021
Pursuant to CPLR § 3211(a)(5), “a party may move for judgment dismissing one or more causes of action asserted against him on the ground that the cause of action may …
PRESIDING JUSTICES OF NEW YORK’S FOUR JUDICIAL DEPARTMENTS ISSUE JOINT ORDER AMENDING DISCIPLINARY AND RELATED RULES TO ADDRESS OVERDRAFT ISSUES IN ESCROW ACCOUNTS
- May 7 2021
Many disciplinary proceedings involving lawyers relate to the mishandling of escrow funds and/or escrow accounts. Unfortunately, many disciplinary proceedings relating to escrow accounts result from intentional conduct on the lawyer’s …
Duplication: If It Looks Like A Duck, Swims Like A Duck, and Quacks Like A Duck…
- May 5 2021
“If it looks like a duck, swims like a duck, and quacks like a duck, then it probably is a duck.” This saying best describes the duplication of claims doctrine …
Follow Up – New York State Legislature is One Step Closer to Repealing Judiciary Law 470, Which Requires New York Lawyers That Live Out of State to Maintain a Physical Office in New York State
- Apr 30 2021
Judiciary Law 470, which, in its present form, was passed in 1909, but has its origins to the time when President Lincoln was in office, provides: A person, regularly admitted …
The First Department Grants Summary Judgment on Defendant’s Champerty defense and Dismisses Plaintiff’s Complaint
- Apr 23 2021
Most simply stated, champerty is the prohibited practice of purchasing claims for the purpose of commencing litigation and has been described as “a venerable doctrine developed hundreds of years ago …
