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 …
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 …
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, …
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. …
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 …
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 …
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 …
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 …
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 …
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 …
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 …