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 …
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 …
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 …
Sometimes state appellate courts affirm or modify lower court decisions without providing much in the way of analysis. With overburdened dockets and substantially similar issues being decided, it is no …