Court Rejects Plaintiff’s Attempt to Void Release Based on Fraud
- Jan 5 2026
By: Jeffrey M. Haber It is well settled that a “valid release constitutes a complete bar to an action on a claim which is the subject of the release.”[1] “[A] release …
Posts Tagged ‘ Fraud ’
Fraud Notes: Opinions Based on Flimsy Information Can Be Fraudulent, Privity, and Duplication
- Dec 10 2025
By: Jeffrey M. Haber In today’s Fraud Notes, we examine two cases involving different issues impacting a fraud claim. In RSD857, LLC v. Wright, 2025 N.Y. Slip Op. 06833 (1st Dept. …
Proposed Amendment to Prayer for Relief Based on Unrealized Profits Incurred as Result of Alleged Fraud Violates the Out-Of-Pocket Damages Rule
- Nov 19 2025
By: Jeffrey M. Haber In Sire Spirits, LLC v. Beam Suntory, Inc., 2025 N.Y. Slip Op. 06297 (1st Dept. Nov. 18, 2025), the Appellate Division, First Department affirmed the denial of …
Voidable Transfer Under the New Debtor and Creditor Law
- Nov 3 2025
By: Jeffrey M. Haber In 2019, New York enacted the Uniform Voidable Transactions Act, which repealed and replaced certain provisions of the Debtor and Creditor Law (“DCL”) relating to fraudulent conveyances,[1] …
Failure To Exercise Reasonable Diligence in Real Estate Transaction Undermines Allegation of Justifiable Reliance
- Oct 20 2025
By: Jeffrey M. Haber As readers of this Blog know, a “cause of action to recover damages for fraudulent misrepresentation requires a misrepresentation or a material omission of fact which was …
Fraud Notes: Alleging a Misrepresentation and Duplicative Damages
- Oct 10 2025
By: Jeffrey M. Haber In today’s Fraud Notes, we examine two cases involving principles familiar to readers of this Blog: the duplication doctrine and the requirement that plaintiffs plead sufficient facts …
Fraud in the Execution and The Two-Year Discovery Rule
- Oct 3 2025
By: Jeffrey M. Haber As readers of this Blog know, we have written about many types of fraud over the years, such as affinity fraud, common law fraud, fraud in the …
Plaintiff Pleads Scheme to Defraud Sufficient to Put Defendants on Notice of the Conduct of Which They are Accused, But Nevertheless Fails to Plead The Elements of Fraud with Particularity
- Sep 28 2025
By: Jeffrey M. Haber In CJS Indus. Inc. v. Dolce, 2025 N.Y. Slip Op. 05037 (1st Dept. Sept. 23, 2025 (here), plaintiff sued RS Custom Woodworking and its representatives for fraud …
Business Dispute Between Sisters Dismissed on Statute of Limitations Grounds
- Sep 15 2025
By: Jeffrey M. Haber In New York, as in most jurisdictions, statutes of limitation serve as a cutoff point for initiating legal action. These statutes define the time frame within which …
Enforcement News: Affinity Fraud and Ponzi Schemes in the News Again
- Sep 8 2025
By: Jeffrey M. Haber Ponzi schemes and affinity fraud frequently overlap because both exploit trust and social interactions to operate effectively.[1] A Ponzi scheme relies on a continuous stream of new …
