By: Jeffrey M. Haber New York “favors and encourages arbitration as a means of conserving the time and resources of the courts and the contracting parties”.[1] Under the Federal Arbitration …
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 …
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 …
By: Jeffrey M. Haber Last April, this Blog wrote about Sodhi v. IAC/InterActiveCorp, 2021 N.Y. Slip Op. 31220(U) (Sup. Ct., N.Y. County Apr. 8, 2021) (here), an action to recover money …
By Jonathan H. Freiberger Last week this Blog examined WFE Ventures, Inc. v. GBD Lake Placid, LLC, decided on August 12, 2021, by the Appellate Division, Third Department, which addressed …
This Blog frequently highlights cases analyzing the viability of fraud claims when contract claims are also made. See, e.g., [here], [here], [here], [here], [here], [here]. In Michael Davis Construction, Inc. …
A “recurring question” courts in New York grapple with is whether the facts alleged in a complaint give rise to sustainable claims for both breach of contract and fraudulent inducement. …
