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 …
Category: Fraudulent Concealment
Read More
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 …
Out-Of-Pocket Damages, Intent to Deceive and The Business Judgment Rule
- Dec 29 2021
By: Jeffrey M. Haber To allege a cause of action based on fraud, plaintiffs must assert “a misrepresentation or a material omission of fact which was false and known to …
Fraud and the Sale of An Annuity Policy
- Mar 22 2021
Fraud in the sale of securities. Such an allegation is often governed by an arbitration clause, requiring the parties to resolve their dispute before a FINRA tribunal. Not all investment …
Fraud by Omission
- Jan 13 2021
When a person claims fraud, he/she typically claims that the alleged wrongdoer made an affirmative misrepresentation of fact. Fraud does not, however, always concern an affirmative statement. Sometimes a person …
Alleged Fraud, Undue Influence and Financial Exploitation Withstand Motion to Dismiss an Action Brought by the Charity of a Radio Pioneer
- Aug 14 2019
On July 15, 2019, New York Surrogate Nora Anderson denied, in part, a motion to dismiss the petition filed by Radio Drama Network, Inc. (“Radio Drama” or “Petitioner”), in which …
Fraudulent Concealment and the Failure to Allege a Duty to Disclose
- Jul 25 2019
On July 18, 2019, Justice Joel M. Cohen of the Supreme Court, New York County, Commercial Division, decided Shyer v. Shyer, 2019 N.Y. Slip Op. 32138(U) (Sup. Ct., N.Y. County …
First Department Finds Half-Truths, Concealment and Justifiable Reliance in Affirming Alleged Fraud-Based Claims in a Mortgage Foreclosure Action
- May 16 2019
In today’s post, this Blog takes a look at fraud allegations in foreclosure action involving two commercial mortgages that secured more than $24 million in indebtedness. Orchard Hotel LLC v. …
