The Many Facets of a Fraudulent Inducement Claim
- Jan 11 2023
By: Jeffrey M. Haber We start the new year off examining Dragons 516 Ltd. v. Knights Genesis Inv. Ltd., 2023 N.Y. Slip Op. 50020(U) (Sup. Ct., N.Y. County Jan. 6, …
Category: CPLR § 3016(B)
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Omissions Save Fraud-Based Counterclaims From Dismissal
- Oct 3 2022
By: Jeffrey M. Haber In past articles, we have noted the importance of identifying the statements claimed to be false and misleading. In this regard, we talked about the need …
Allegations That Defendant Lacked a General Intent to Perform Is Insufficient to Support Fraud Claim
- Jan 18 2021
It has long been held that “promissory statements as to what will be done in the future are not actionable.” Adams v. Clark, 239 N.Y. 403, 410 (1925). However, when the …
Fraud Notes: Romantic Relationships and Business Relationships. What Could Go Wrong?
- Aug 31 2020
Conducting business with family, friends, or neighbors can be a rewarding endeavor. But, like any relationship, it can also be painful, both emotionally and economically. When the latter occurs, lawsuits …
Court Sustains New York Qui Tam Action Involving Alleged Scheme to Reset Interest Rates for Municipal Bonds
- Apr 27 2020
In past articles, this Blog has written about qui tam actions under the federal False Claims Act (“FCA”). Typically, the whistleblower (known as the “relator”) adds a claim under the …
Fraud Notes: Scienter and The Failure to Allege Falsity
- Mar 5 2020
Many cases involving an alleged fraud typically rise and fall on the reliance element of the cause of action. Sometimes, the issue before the court is the state of mind …
Court Dismisses Fraud Claim, But Sustains Breach of Fiduciary Duty Claim, in Financial Exploitation Case
- May 26 2019
Financial exploitation of seniors and vulnerable adults is all too common in today’s day and age. According to a MetLife study, titled “Broken Trust: Elders, Family & Finances,” about one …
Update: INTL FCStone Mkts., LLC v. Corrib Oil Co. Ltd. First Department Affirms Summary Judgment Grant Involving Investment in Hundreds of Transactions
- May 15 2019
On April 25, 2018, this Blog wrote about INTL FCStone Mkts., LLC v. Corrib Oil Co. Ltd., 2018 N.Y. Slip Op. 30646(U) (Sup. Ct., N.Y. County, Apr. 9, 2018) (here.) …
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 …
First Department Affirms Dismissal of Fraud Claim Because The Plaintiff Had The Wherewithal to Protect Herself But Failed To Do So
- Apr 24 2019
This Blog has written about cases in which the plaintiff claims to have been defrauded but fails to allege with particularity the elements of the claim. As readers of this …
