The Former DCL Gets Its Day In Court
- Dec 27 2022
By: Jeffrey M. Haber On December 23, 2022, the Appellate Division, Fourth Department issued two decisions involving New York’s former Debtor and Creditor Law (“DCL”): Inner Harbor Phase I L.P. …
Category: Fraud
Justifiable Reliance Negated by the Terms of the Contract Executed by The Allegedly Defrauded Party
- Dec 19 2022
By: Jeffrey M. Haber As readers of this Blog know, we have often written about the justifiable reliance element of a fraud claim. Considered by the courts to be nettlesome,1 …
Forming a Shell Company to Avoid Paying Rent Sufficient to Pierce the Corporate Veil
- Dec 14 2022
By: Jeffrey M. Haber In commercial and business litigation, it is common for plaintiffs to assert claims against a business entity for wrongs committed by the entity. Often, plaintiffs will …
Fraud Notes: Scienter, Predictions, Promises of Future Performance, Loss Causation, and the Duty to Disclose
- Dec 12 2022
By: Jeffrey M. Haber “The elements of a cause of action for fraud require a material misrepresentation of a fact, knowledge of its falsity, an intent to induce reliance, justifiable …
Defendants’ Inconsistent Positions Suffice to Satisfy Justifiable Reliance Element of Fraud Claim
- Nov 30 2022
By: Jeffrey M. Haber One of the elements of a fraud claim that plaintiffs have difficulty satisfying is justifiable reliance. For this reason, the justifiable reliance element is most often …
Out-of-pocket Fraud Damages: Proof Required to Determine the Value of Restricted Securities
- Oct 11 2022
By: Jeffrey M. Haber Since the early 20th century, a plaintiff alleging fraud in New York can recover only the actual pecuniary loss sustained as a result of a misrepresentation …
Omissions Save Fraud-Based Counterclaims From Dismissal
- Oct 3 2022
By: Jeffrey M. Haber In past articles, we have noted the importance of identifying the statements claimed to be false and misleading. In this regard, we talked about the need …
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 …
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 …
