Fraud Notes: Scienter and The Failure to Allege Falsity
- Mar 5 2020
Many cases involving an alleged fraud typically rise and fall on the reliance element of the cause of action. Sometimes, the issue before the court is the state of mind …
Category: Fraud
N.Y. Supreme Court Rules on Alleged Fraudulent Conveyance and the Attempt to Evade Creditors
- Feb 24 2020
In very general terms, fraudulent conveyance statutes are designed to protect creditors from situations where a debtor transfers its assets or property to a creditor’s detriment. Sometimes such transfers are …
Fraud Notes: Real Estate Fraud and the Misrepresentation of Material Facts
- Feb 19 2020
In today’s Fraud Notes, we look at two fraud cases involving real estate: Lash v. Schleider, 2020 N.Y. Slip Op. 30406(U) (Sup. Ct., N.Y. County Feb. 11, 2020) (here); and …
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 Affirms Dismissal of Fraudulent Inducement Claims Due to Disclaimer Clauses and Failure to Plead Justifiable Reliance
- Jan 24 2020
On January 23, 2020, the Appellate Division, First Department, unanimously affirmed the dismissal of fraud-based claims alleged in connection with the purchase of a promissory note that memorialized a $1.5 …
The Privity or Near-Privity Doctrine: First Department Affirms Denial of Motion to Dismiss Fraud Claim Involving Artwork
- Dec 30 2019
An interesting question sometimes arises in the tort arena in which a third-party to a transaction claims to have been injured by one of the parties. Do the parties to …
Update: First Department Affirms Dismissal of Fraud Claim in Unique Goals International, Ltd. v. Finskiy
- Dec 27 2019
In November of 2018, this Blog wrote about Unique Goals International, Ltd. v. Finskiy (here), a case involving a fraud cause of action that was dismissed because the plaintiff failed …
Update: First Department Affirms the Denial of Summary Judgment in Norddeutsche Landesbank Girozentrale v. Tilton
- Dec 18 2019
In August of this year, this Blog wrote about Norddeutsche Landesbank Girozentrale v. Tilton, 2019 N.Y. Slip Op. 32470(U) (Sup. Ct., N.Y. County Aug. 20, 2019) (here), a case involving …
Fraud Shorts: Pleading Deficiencies, Duplication of Claims, Respondeat Superior and Apparent Authority
- Dec 4 2019
Decision day in the Appellate Division, First Department involved several cases in which the Court addressed allegations of fraud or fraudulent inducement. Many of the cases focused on the elements …
First and Fourth Departments Affirm Dismissal of Fraud Actions on Justifiable Reliance and Statute of Limitations Grounds, Respectively
- Nov 11 2019
Last week, two Appellate Division courts affirmed the dismissal of fraud claims because the parties asserting the claims failed to demonstrate justifiable reliance, and assert their claim within the statute …
