Emails, Breach of Contract and the Statute of Frauds
- Jul 15 2020
In today’s article, we examine ASV Techs., Inc. v. Sterling Natl. Bank, 2020 N.Y. Slip Op. 32208(U) (Sup. Ct., N.Y. County July 7, 2020) (here). ASV involved the Statute of …
In today’s article, we examine ASV Techs., Inc. v. Sterling Natl. Bank, 2020 N.Y. Slip Op. 32208(U) (Sup. Ct., N.Y. County July 7, 2020) (here). ASV involved the Statute of …
It is not uncommon for plaintiffs to assert breach of contract and fraud in the same action. It is also not uncommon for the fraud claim to be dismissed as …
This Blog has previously addressed “economic duress” and the “voluntary payment doctrine.” [HERE], [HERE] and [HERE] “Economic duress” is a theory upon which a “complaining party [seeks] to void a …
We have often written about the justifiable reliance element of a fraud claim (e.g., here, here, here, here, and here). Though the outcome of the issue is typically fact dependent, …
It is not uncommon for parties in commercial transactions to include in their contracts a provision that limits the types of damages recoverable in the event of a breach. Typically, …
In prior posts, we examined the rules of contract formation. In our most recent post on the subject (here), we considered a case in which one of the issues before …
Recognizing the “continuing restrictions on the filing and prosecution of foreclosure matters in New York State arising during the course of the COVID-19 public health emergency,” on June 23, 2020, …
It is well settled that a plaintiff may not “dress up a breach-of-contract claim as a fraud claim.” Cohen v. Koenig, 25 F.3d 1168, 1173 (2d Cir. 1994) (internal quotation …
In Pizzarotti, LLC v. Phipps & Co., 2020 N.Y. Slip Op. 50696(U) (Sup. Ct., N.Y. County June 17, 2020) (here), Justice Gerald Lebovits of the Supreme Court, New York County, …
Just recently, we wrote about the importance of pleading fraud with particularity (here). As readers of this Blog know, when fraud is alleged, the plaintiff must plead the claim with …