By: Jeffrey M. Haber The justifiable reliance element has been described as a “fundamental precept”[1] and a “venerable rule”.[2] The requirement is one of the five elements of a fraud cause …
By: Jeffrey M. Haber In International Business Machs. Corp. v. GlobalFoundries U.S. Inc., 2024 N.Y. Slip Op. 06425 (1st Dept. Dec. 19, 2024) (here), the Appellate Division, First Department was …
By: Jeffrey M. Haber In today’s article, we revisit some familiar principles concerning claims of fraudulent inducement. We will also examine the impact of a contractual exculpatory clause on the viability …
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: Jonathan H. Freiberger Today’s BLOG article relates to fraudulent concealment, caveat emptor and justifiable reliance when purchasing real property.[1] As readers of this BLOG know, a “cause of action …
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 Jeffrey M. Haber A confession of judgment is an agreement whereby a defendant or debtor agrees to the entry of judgment against him/her in an amount certain. It is a …
By: Jeffrey M. Haber Under New York law, an action based upon fraud must be commenced within six years of the date the cause of action accrued, or within two years …
By: Jeffrey M. Haber In New York, “a valid release constitutes a complete bar to an action on a claim which is the subject of the release.”[1] If “the language of …
By: Jeffrey M. Haber In Gold v. Rothfeld, 2023 N.Y. Slip Op. 05006 (2d Dept. Oct. 4, 2023) (here), the Appellate Division, Second Department affirmed the dismissal of a fraud …
