When is an Essential Fact Not a Fact at All?
- Jul 6 2022
The question above was recently answered by Justice Francois A. Rivera in Reid v. Service, 2022 N.Y. Slip Op. 32017(U) (Sup. Ct., Kings County June 9, 2022) (here). As discussed …
Category: Fraud
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For Various Reasons, Pre- and Post- Contract Misrepresentations Found To Duplicate Breach of Contract Claim
- Jun 29 2022
By: Jeffrey M. Haber The Duplication Doctrine is well-known to readers of this Blog. In a nutshell, the doctrine holds that “[a] cause of action for fraud does not arise …
Fraud Notes: You Win Some, You Lose Some
- May 20 2022
By: Jeffrey M. Haber In today’s Fraud Notes, we examine three decisions issued by the Appellate Division, First Department in which themes familiar to readers of this Blog are at …
FIRST DEPARTMENT REVERSES DISMISSAL OF PERSONAL INJURY ACTION DESPITE PLAINTIFF’S PRIOR EXECUTION OF A GENERAL RELEASE
- May 18 2022
By Jonathan H. Freiberger In this Blog’s August 23, 2021, article, entitled “Second Department Finds Release Binding Despite Plaintiff’s Claim About Not Understanding the English Language”(the “Prior Article”), we discussed, …
Court Finds That Sophisticated Plaintiff Unable to Demonstrate Justifiable Reliance on Alleged Misrepresentation and Omission
- May 16 2022
By: Jeffrey M. Haber As readers of this Blog know, pleading and proving fraud is not easy. The law reporters (not to mention the pages of this Blog) are bursting …
Court Allows Fraud Claim To Stand With Breach of Contract Claim Despite Some Overlap in Claims
- May 4 2022
By: Jeffrey M. Haber As a general matter, a fraud claim is not duplicative of a contract claim where the plaintiff alleges misrepresentations of fact, as opposed to misrepresentations of …
Summary Judgment Denied Because Contract Not Clear and Unambiguous and Fraud Not Collateral to The Contract
- May 2 2022
By: Jeffrey M. Haber In Wilsey v. 7203 Rawson Rd., LLC, 2022 N.Y. Slip Op. 02905 (4th Dept. Apr. 29, 2022) (here), the Appellate Division, Fourth Department considered principles of …
First Department Holds Alleged Fraud Invalidates Amendment to ByLaws Requiring Exclusive Jurisdiction in Delaware
- Apr 27 2022
By: Jeffrey M. Haber New York courts favor the enforcement of forum selection clauses. They do so because they provide certainty and predictability in the resolution of disputes. [Ed. Note: …
Enforcement News: SEC Brings Emergency Action Against Alleged Perpetrators of an Affinity Fraud and a Ponzi Scheme
- Apr 19 2022
By: Jeffrey M. Haber Affinity fraud is a type of securities fraud in which the promoter of the fraud preys upon members of an identifiable group, such as a religious …
Gatekeepers of Arbitrability: Fraud, Mistake, and the Absence of Consideration
- Mar 30 2022
By: Jeffrey M. Haber Generally, whether a claim is subject to arbitration is a decision for the court, not the arbitrator. However, the U.S. Supreme Court has held that “parties …
