Fraud Claim Held Not Duplicative of a Single Page Contract
- Jan 14 2024
By: Jeffrey M. Haber A common theme in commercial litigation is the assertion of a breach of contract claim and a fraudulent inducement claim. A plaintiff claiming a breach of …
Category: Duplicative Claims Doctrine
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, …
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. …
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 …
Breach of Contract, Duplication of Claims and the Statute of Frauds: An Interesting Mix
- Jul 22 2020
Over the past several months, this Blog has examined cases in which plaintiffs brought contract claims and fraud claims in the same action (here, here and here). As discussed in …
Failure to Plead Statements of Present Fact, Among Other Deficiencies, Results in Dismissal of Fraud and Breach of Fiduciary Duty Claims
- Jun 17 2020
In today’s post we examine, SHIR Capital, LLC v. Fortress Credit Advisors LLC, 2020 N.Y. Slip Op. 31825(U) (Sup. Ct., N.Y. County June 11, 2020) (here), a case involving an …
Fraud Notes: N.Y. Supreme Courts Address Fraud and Fraudulent Inducement Claims
- Feb 10 2020
Readers of this Blog know that we like to write about fraud cases. After all, a fraud can be perpetrated in so many contexts. Indeed, the circumstances upon which one …
First Department Holds that Jury Waiver Provision in Contract Does Not Bar Jury Trial Demand When Agreement Alleged to Be Procured Through Fraud
- Jan 16 2020
On January 16, 2020, the Appellate Division, First Department recalled and vacated its September 17, 2019 decision in Ambac Assur. Corp. v Countrywide Home Loans Inc., 175 A.D.3d 1156 (1st …
First Department Declines to Dismiss Fraudulent Inducement Claim as Duplicative of Contract Claim Based on Expert Analysis
- Sep 18 2019
The elements of a common law fraud claim in New York are well known to readers of this Blog: “a misrepresentation or a material omission of fact which was false …
The Duplication of Claims Doctrine Gets Tested in a Dispute Involving an Asset Purchase Agreement and Alleged False Financial Statements
- Jul 17 2019
Readers of this Blog know that, as a general matter, New York courts will not permit a fraudulent inducement claim to survive a motion to dismiss when the claim arises …
