By: Jeffrey M. Haber In Skyview Capital, LLC v. Conduent Business Servs., LLC, 2025 N.Y. Slip Op. 03291 (1st Dept. June 03, 2025) (here), the Appellate Division, First Department addressed various …
By: Jeffrey M. Haber To state a claim for fraud, a plaintiff must allege “a misrepresentation or a material omission of fact which was false and known to be false by …
By: Jeffrey M. Haber In Imperium Blue Acquisition Partners, LLC v. Marathon Asset Mgt., L.P., 2025 N.Y. Slip Op. 01317 (1st Dept. Mar. 11, 2025) (here), the Appellate Division, First …
By: Jeffrey M. Haber In today’s Fraud Notes, we examine two cases involving claims of fraudulent inducement and fraudulent concealment. In Board of Mgrs. of 570 Broome Condominium v. …
By: Jeffrey M. Haber In DirecTV, LLC v. Nexstar Broadcasting, Inc., 2024 N.Y. Slip Op. 04225 (1st Dept. Aug. 15, 2024) (here), the Appellate Division, First Department considered the viability …
By Jonathan H. Freiberger Today’s BLOG article touches on two areas of the law on which we have previously written – account stated1 and duplication.2 “An account stated is an …
By: Jeffrey M. Haber As we have often explained in the articles in which we have examined the duplication doctrine, fraud claims that are nothing more than contract claims dressed up …
By: Jeffrey M. Haber As readers of this Blog know, we have written about the duplication doctrine on numerous occasions. E.g., here, here, and here. Courts apply the doctrine when …
By: Jeffrey M. Haber In TD Bank, N.A. v. Keenan, 2023 N.Y. Slip Op. 06158 (2d Dept. Nov. 29, 2023) (here), the Appellate Division, Second Department examined the often “nettlesome” …
By: Jeffrey M. Haber As we have often explained in the articles in which we have examined fraud claims, to withstand a motion to dismiss, the plaintiff must plead fraud …
