By: Jeffrey M. Haber In Tiburcio v. Grant Ave. Bronx Realty Corp., 2025 N.Y. Slip Op. 02669 (1st Dept. May 01, 2025) (here), the Appellate Division, First Department was asked to …
By: Jeffrey M. Haber To state a claim for fraud, a plaintiff must allege “a misrepresentation or a material omission of fact which was false and known to be false by …
By: Jeffrey M. Haber In Imperium Blue Acquisition Partners, LLC v. Marathon Asset Mgt., L.P., 2025 N.Y. Slip Op. 01317 (1st Dept. Mar. 11, 2025) (here), the Appellate Division, First …
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 …
By: Jeffrey M. Haber As readers of this Blog know, to recover damages for fraud, a plaintiff must allege “a misrepresentation or a material omission of fact which was false …
By: Jeffrey M. Haber We have written frequently about the substance and scope of general releases.[1] In New York, “a valid release constitutes a complete bar to an action on a …
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. …
